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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TEXARKANA DIVISION

MAXELL, LTD.,

Plaintiff,

v.

LG ELECTRONICS INC., and 

LG ELECTRONICS U.S.A., INC.,

Defendants.

Case No. 5:23-CV-00152-RWS

JURY TRIAL DEMANDED

DOCKET CONTROL ORDER

It is hereby ORDERED that the following schedule of deadlines is in effect until further 

order of this Court:

3 DAYS after 

conclusion of Trial

Parties to file Motion to Seal Trial Exhibits, if they wish to seal any highly 

confidential exhibits.

EXHIBITS: See Order Regarding Exhibits below.

October 27, 2025

Court designated date – not 

flexible without good cause 

- Motion Required

9:00 a.m. JURY TRIAL before Judge Robert W. Schroeder III, 

Texarkana, Texas.

For planning purposes, parties shall be prepared to start the evidentiary 

phase of trial immediately following jury selection.

October 27, 2025

Court designated date – not 

flexible without good cause 

- Motion Required

9:00 a.m. JURY SELECTION before Judge Robert W. Schroeder III, 

Texarkana, Texas. 

October 7, 2025

Court designated date – not 

flexible without good cause 

- Motion Required

10:00 a.m. PRETRIAL CONFERENCE before Judge Robert W. 

Schroeder III, Texarkana, Texas.

Discuss trial logistics and voir dire procedure. Resolve any pending motions 

or objections.

Lead trial counsel must attend the pretrial conference.

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September 30, 2025

[1 week before pretrial]

File a Notice of Time Requested for (1) voir dire, (2) opening statements, 

(3) direct and cross examinations, and (4) closing arguments.

September 30, 2025

[1 week before pretrial]

File Responses to Motions in Limine.

September 23, 2025

[2 weeks before pretrial]

File Motions in Limine and pretrial objections.

The parties are ORDERED to meet and confer to resolve any disputes 

before filing any motion in limine or objection to pretrial disclosures.

September 23, 2025

[2 weeks before pretrial]

File Joint Final Pretrial Order, Joint Proposed Jury Instructions with 

citation to authority and Form of the Verdict for jury trials. 

Parties shall use the pretrial order form on Judge Schroeder’s website.

Proposed Findings of Fact and Conclusions of Law with citation to authority 

for issues tried to the bench. 

September 16, 2025

[3 weeks before pretrial]

Exchange Objections to Rebuttal Deposition Testimony.

September 9, 2025

[4 weeks before pretrial]

Notice of Request for Daily Transcript or Real Time Reporting of Court 

Proceedings due.

If a daily transcript or real time reporting of court proceedings is requested 

for trial or hearings, the party or parties making said request shall file a 

notice and email Shelly Holmes at shelly_holmes@txed.uscourts.gov.

September 9, 2025

[4 weeks before pretrial]

Exchange Rebuttal Designations and Objections to Deposition Testimony.

 

For rebuttal designations, cross examination line and page numbers to be 

included. 

In video depositions, each party is responsible for preparation of the final 

edited video in accordance with their parties’ designations and the Court’s 

rulings on objections.

August 26, 2025

[6 weeks before pretrial]

Exchange Pretrial Disclosures (Witness List, Deposition Designations, and 

Exhibit List) by the Party with the Burden of Proof.

Video and Stenographic Deposition Designation due. Each party who 

proposes to offer deposition testimony shall serve a disclosure identifying 

the line and page numbers to be offered.

August 12, 2025

Court designated date – not 

flexible without good cause 

- Motion Required

10:00 a.m. HEARING ON ANY REMAINING DISPOSITIVE 

MOTIONS (INCLUDING DAUBERT MOTIONS) before Judge 

Robert W. Schroeder III, Texarkana, Texas.

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May 13, 2025

Court designated date – not 

flexible without good cause 

– Motion Required

Any Remaining Dispositive Motions due from all parties and any other 

motions that may require a hearing (including Daubert motions). 

Motions shall comply with Local Rule CV-56 and Local Rule CV-7. 

Motions to extend page limits will only be granted in exceptional 

circumstances. Exceptional circumstances require more than agreement 

among the parties. 

For each motion filed, the moving party SHALL provide the Court with one 

(1) copy of the completed briefing (opening motion, response, reply, and if 

applicable, surreply), excluding exhibits, in a three-ring binder appropriately 

tabbed. All documents shall be double-sided and must include the CM/ECF 

header. These copies shall be delivered to Judge Schroeder’s chambers in 

Texarkana as soon as briefing has completed.

Respond to Amended Pleadings.

May 6, 2025

[1 week before 

Dispositive Motions]

Parties to Identify Rebuttal Trial Witnesses.

April 29, 2025

[2 weeks before 

Dispositive Motions]

Expert Discovery Deadline.

April 29, 2025

[2 weeks before 

Dispositive Motions]

Parties to Identify Trial Witnesses; Amend Pleadings (after Markman

Hearing). 

It is not necessary to file a Motion for Leave to Amend before the deadline 

to amend pleadings. It is necessary to file a Motion for Leave to Amend 

after the deadline. However, except as provided in Patent Rule 3-6, if the 

amendment would affect infringement contentions or invalidity contentions, 

a motion must be made pursuant to Patent Rule 3-6 irrespective of whether 

the amendment is made prior to this deadline.

April 8, 2025

[5 weeks before 

Dispositive Motions]

Parties designate rebuttal expert witnesses (non-construction issues), 

rebuttal expert witness reports due. Refer to Local Rules for required 

information.

If, without agreement, a party serves a supplemental expert report after the 

rebuttal expert report deadline has passed, the serving party must file notice 

with the Court stating service has occurred and the reason why a 

supplemental report is necessary under the circumstances.

March 18, 2025

[8 weeks before 

Dispositive Motions]

Final Election of Asserted Prior Art.

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March 11, 2025

[9 weeks before 

Dispositive Motions]

Parties with burden of proof designate expert witnesses (non-construction 

issues). Expert witness reports due. Refer to Local Rules for required 

information.

March 11, 2025

[9 weeks before 

Dispositive Motions]

Fact discovery deadline.

February 18, 2025

[12 weeks before 

Dispositive Motions]

Final Election of Asserted Claims.

January 2, 2025

[3 weeks after Markman 

hearing]

Comply with P.R. 3-7. (Opinion of Counsel Defenses)

December 11, 2024

Court designated date – not flexible 

without good cause – Motion 

Required

Markman Hearing and hearing on any Motion for Summary Judgment 

of Indefiniteness at 10:00 a.m. before Judge Robert W. Schroeder III, 

Texarkana, Texas.

December 2, 2024

[1.5 weeks before 

Markman Hearing due to 

Thanksgiving holiday]

P.R. 4-5(d) Chart due. 

The parties are to meet and confer and jointly submit a claim construction 

chart on computer disk in Word format listing each party’s proposed 

construction for each of the terms to be addressed at the Markman hearing, 

including any terms purported to be indefinite. The parties should prioritize

and list the terms in order of most importance; the Court will address the 

terms in the prioritized order presented in the claim construction chart. 

November 20, 2024

[3 weeks before Markman 

Hearing]

Parties to file a notice with the Court stating the estimated amount of time 

requested for the Markman Hearing. The Court will notify the parties if it 

is unable to accommodate this request.

Comply with P.R. 4-5(c) - Reply brief and supporting evidence regarding 

claim construction due. Plaintiff is to provide the Court with one (1) copy 

of the completed Markman briefing in its entirety (opening brief, response, 

and reply) and exhibits in a three-ring binder appropriately tabbed. All 

documents SHALL be double-sided and must include the CM/ECF header. 

These copies shall be delivered to Judge Schroeder’s chambersin Texarkana 

as soon as briefing has completed.

If a technical advisor has been appointed the moving party is to provide their 

Markman brief on disk or CD along with a hard copy, tabbed and bound 

with exhibits to the advisor.

November 13, 2024

[4 weeks before Markman 

Hearing]

Comply with P.R. 4-5(b) - Responsive claim construction brief and 

supporting evidence due.

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October 30, 2024

[6 weeks before Markman 

Hearing]

Comply with P.R. 4-5(a) - The party claiming patent infringement shall 

serve and file an opening brief and any evidence supporting its claim 

construction. 

Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e). 

Motions to extend page limits will only be granted in exceptional 

circumstances. Exceptional circumstances require more than joint 

agreement among the parties.

Tutorials due. Deadline for parties, if they desire, to provide Court with 

tutorials concerning technology involved in patent(s). The parties shall 

submit one (1) copy of their tutorials to the Court. If a technical advisor has 

been appointed, each party that provides a tutorial shall provide a copy to 

the advisor.

Preliminary Election of Asserted Prior Art.

October 30, 2024

[6 weeks before Markman 

Hearing]

Proposed Technical Advisors due if one has not already been appointed. 

Parties to provide name, address, phone number, and curriculum vitae for 

up to three agreed technical advisors and information regarding the 

nominees’ availability for Markman hearing or a statement that an 

agreement could not be reached. If the parties cannot agree on a technical 

advisor, they shall not submit any proposed technical advisors to the Court. 

If the parties feel a technical advisor is unnecessary, they shall alert the Court 

at this time.

October 16, 2024

[8 weeks before Markman 

Hearing]

Discovery Deadline - Claim Construction Issues.

Preliminary Election of Asserted Claims.

October 9, 2024

[9 weeks before Markman 

Hearing]

Respond to Amended Pleadings.

September 25, 2024

[11 weeks before 

Markman Hearing]

Amended Pleadings (pre-claim construction) due from all parties, 

including inequitable conduct allegations. 

It is not necessary to file a Motion for Leave to Amend before the deadline 

to amend pleadings. It is necessary to file a Motion for Leave to Amend 

after the deadline. However, if the amendment would affect infringement 

contentions or invalidity contentions, a motion must be made pursuant to 

Patent Rule 3-6(b) irrespective of whether the amendment is made prior to 

this deadline.

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September 18, 2024

[12 weeks before 

Markman Hearing]

Comply with P.R. 4-3 - Filing of Joint Claim Construction and Prehearing 

Statement.

In the P.R. 4-3 filing, the parties shall list the most significant terms 

according to the parties’ priorities, which were agreed upon during the P.R. 

4-2 meet and confer, indicating which of those terms will be case or claim 

dispositive. A maximum of 10 terms will be construed, unless parties have 

received other instruction from the Court. If the parties cannot agree to the 

most important 10 terms, the parties shall identify the terms that were agreed 

upon and then divide the remainder evenly between Plaintiff(s) and 

Defendant(s).

The nonmoving party subject to an indefiniteness challenge must provide a 

preliminary identification of any expert testimony it intends to rely on in its 

response to the moving party’s indefiniteness challenge. The nonmoving 

party shall also provide a brief description of that witness’ proposed 

testimony.

August 28, 2024

[15 weeks before 

Markman Hearing]

Comply with P.R. 4-2 - Exchange of Preliminary Claim Constructions and 

Extrinsic Evidence. Privilege Logs to be exchanged by parties (or a letter 

to the Court stating that there are no disputes as to claims of privileged 

documents).

August 7, 2024

[18 weeks before 

Markman Hearing]

Comply with P.R. 4-1 - Exchange Proposed Terms and Claim Elements for 

Construction.

July 22, 2024

[8.5 weeks after 

Scheduling Conference]

Comply with P.R. 3-3 and 3-4 - Invalidity Contentions due. Thereafter, 

except as provided in Patent Rule 3-6(a), it is necessary to obtain leave of 

Court to add and/or amend invalidity contentions, pursuant to Patent Rule 

3-6(b).

Defendant shall assert any counterclaims. After this deadline, leave of Court 

must be obtained to assert any counterclaims.

June 13, 2024

[3 Weeks After 

Scheduling Conference]

Deadline cannot be changed 

without showing good cause

Comply with Paragraphs 1 & 3 of the Discovery Order (Initial and 

Additional Disclosures)

May 30, 2024

[1 week after Scheduling 

Conference]

Defendant shall join additional parties. It is not necessary to file a motion 

to join additional parties prior to this date. Thereafter, it is necessary to 

obtain leave of Court to join additional parties.

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May 28, 2024

[5 days after Scheduling 

Conference due to 

Memorial Day holiday]

Mediation

Parties are encouraged, but not required, to mediate cases. 

If the parties agree to mediate, they shall jointly file a motion with a 

proposed order attached. The motion shall indicate whether the parties agree 

upon a mediator and shall include a mediation deadline. The parties shall 

confirm the mediator’s availability in light of the proposed deadline. If the 

parties cannot agree on a mediator, they may request the Court appoint a 

mediator.

If the parties do not agree to mediate, they shall file a notice so indicating.

May 16, 2024

[1 week before 

Scheduling Conference]

Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted Claims and 

Infringement Contentions due. Thereafter, except as provided in Patent 

Rule 3-6(a), it is necessary to obtain leave of Court to add and/or amend 

infringement contentions, pursuant to Patent Rule 3-6(b).

Plaintiff shall join additional parties. It is not necessary to file a motion to 

join additional parties prior to this date. Thereafter, it is necessary to obtain 

leave of Court to join additional parties.

Plaintiff shall add new patents and/or claims for patents-in-suit. It is not 

necessary to file a motion to add additional patents or claims prior to this 

date. Thereafter, it is necessary to obtain leave of Court to add patents or 

claims. 

May 16, 2024

[7 days before Scheduling 

Conference]

File Proposed Docket Control Order, Proposed Discovery Order, and 

Proposed Protective Order

The proposed orders shall each be separately filed as a joint motion with the 

caption indicating whether or not the proposed order is opposed in any part. 

Any disputes should be redlined and each party’s position explained.

May 16, 2024

[7 days before Scheduling 

Conference]

Designation of Lead Attorney

Pursuant to Local Rule CV-11(a)(1), each party must designate a lead 

attorney. If a lead attorney has not previously been designated, a Notice of 

Designation of Attorney in Charge should be filed and “Lead” selected.

Parties’ estimated 

number of trial days

10 days.

In the event that any of these dates fall on a weekend or Court holiday, the deadline is 

modified to be the next Court business day.

The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s 

failure to oppose a motion in the manner prescribed herein creates a presumption that the party 

does not controvert the facts set out by movant and has no evidence to offer in opposition to the 

motion.” 

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A party may request an oral hearing on a motion filed with the Court. Any such request 

shall be included in the text or in a footnote on the first page of the motion or any responsive 

pleading thereto. The Court does not hold telephonic hearings absent unusual circumstances. 

Other Limitations

(a) The following excuses will not warrant a continuance or justify a failure to comply 

with the discovery deadline:

(i) The fact that there are motions for summary judgment or motions to dismiss 

pending; 

(ii) The fact that one or more of the attorneys is set for trial in another court on the 

same day, unless the other setting was made prior to the date of this order or 

was made as a special provision for the parties in the other case; 

(iii) The failure to complete discovery prior to trial, unless the parties can 

demonstrate that it was impossible to complete discovery despite their good 

faith effort to do so.

(b) Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on 

the DCO shall take the form of a motion to amend the DCO. The motion shall include 

a chart in the format of the DCO that lists all of the remaining dates in one column (as 

above) and the proposed changes to each date in an additional adjacent column (if there 

is no change for a date the proposed date column should remain blank or indicate that 

it is unchanged). The motion to amend the DCO shall also include a proposed DCO in 

traditional two-column format that incorporates the requested changes and that also 

lists all remaining dates. In other words, the DCO in the proposed order should be 

complete such that one can clearly see all the remaining deadlines rather than needing 

to also refer to an earlier version of the DCO.

(c) Indefiniteness: In lieu of early motions for summary judgment, the parties are directed 

to include any arguments related to the issue of indefiniteness in their Markman

briefing, subject to the local rules’ normal page limits.

(d) Motions in Limine: Each side is limited to one (1) motion in limine addressing no more 

than ten (10) disputed issues. In addition, the parties may file a joint motion in limine

addressing any agreed issues. The Court views motions in limine as appropriate for 

those things that will create the proverbial “skunk in the jury box,” e.g., that, if 

mentioned in front of the jury before an evidentiary ruling can be made, would be so 

prejudicial that the Court could not alleviate the prejudice with an appropriate

instruction. Rulings on motions in limine do not exclude evidence, but prohibit the 

party from offering the disputed testimony prior to obtaining an evidentiary ruling 

during trial.

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(e) Exhibits: Each side is limited to designating 250 exhibits for trial absent a showing of 

good cause. The parties shall use the exhibit list sample form on Judge Schroeder’s 

website.

(f) Deposition Designations: Each side is limited to designating no more than ten (10) 

hours of deposition testimony for use at trial absent a showing of good cause. As trial 

approaches, if either side needs to designate more than ten (10) hours, the party may 

file a motion for leave and show good cause. All depositions to be read into evidence 

as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, 

repetitious, and irrelevant testimony; ONLY those portions which are relevant to the 

issues in controversy shall be read into evidence.

(g) Witness Lists: The parties shall use the sample form on Judge Schroeder’s website.

ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND WITNESS LISTS:

A. On the first day of trial, each party is required to have: 

(1) One copy of their respective original exhibits on hand. Each exhibit shall be 

properly labeled with the following information: Identified as either Plaintiff’s or 

Defendant’s Exhibit, the Exhibit Number and the Case Number. 

(2) Three hard copies of each party’s exhibit list and witness list on hand.

(3) One copy of all exhibits on USB Flash Drive(s) or portable hard drive(s). This shall 

be tendered to the Courtroom Deputy at the beginning of trial. 

(4) One copy of all expert reports on CD. This shall be tendered to the Courtroom 

Deputy at the beginning of trial.

B. The parties shall follow the process below to admit exhibits.

 

(1) On the first day of trial, each party shall tender a preadmitted list of exhibits it plans to 

admit into evidence. This list shall include all exhibits which are NOT objected to or 

to which the Court has already overruled an objection. To the extent there are exhibits 

with outstanding objections for which the parties need a ruling from the Court, those 

exhibits should be separately included on the list and designated accordingly to reflect 

a pending objection. Parties shall entitle the list “[Plaintiff’s/Defendant’s] List of 

Preadmitted Exhibits.” If, during the course of the day’s testimony, a party wishes to 

offer an objected exhibit into evidence, the party may move for admission at the time 

it wishes to use that exhibit with a witness. The Court will then hear the opposing 

party’s objection and will rule on the objection at that time.

(2) On each subsequent day of trial, the Court will commence by formally admitting all of 

the exhibits that were either unobjected to or allowed over objection and used during 

the previous day’s trial. The Court will ask for these exhibits to be read into the record 

and formally admitted into evidence at the beginning of that trial day. These will be the 

exhibits deemed admitted at trial. The parties shall keep a separate running list of all

exhibits admitted throughout the course of trial.

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(3) At the conclusion of evidence, each party shall read into the record any exhibit that was 

used but not previously admitted during the course of trial and then tender its final list 

of every admitted exhibit, entitled “[Plaintiff’s/Defendant’s] Final List of All Admitted 

Exhibits.” To the extent there are exhibits that were not admitted during the course of 

trial, but for which there is agreement that they should be provided to the jury, the 

parties must inform the Court of those exhibits at the conclusion of evidence. The Court 

will then determine whether those exhibits will be allowed into the jury room for 

deliberations.

C. At the conclusion of evidence, each party shall be responsible for pulling those exhibits 

admitted at trial and shall tender those to the Courtroom Deputy, who will verify the 

exhibits and tender them to the jury for their deliberations. One representative from each 

side shall meet with the Courtroom Deputy to verify the exhibit list.

D. At the conclusion of trial, all boxes of exhibits shall be returned to the respective parties 

and the parties are instructed to remove these exhibits from the courtroom.

E. Within five business days of the conclusion of trial, each party shall submit to the 

Courtroom Deputy: 

(1) A Final Exhibit List of Exhibits Admitted During Trial in Word format. 

(2) Two CD(s) containing admitted unsealed trial exhibits in PDF format. If the Court 

ordered any exhibits sealed during trial, the Sealed Exhibits shall be submitted on 

a separate CD. If tangible or over-sized exhibits were admitted, such exhibits shall 

be substituted with a photograph in PDF format.

(3) A disk containing the transcripts of Video Depositions played during trial, along 

with a copy of the actual video deposition.

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