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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

REDSTONE LOGICS LLC

Plaintiff,

v. 

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, INC., 

Defendants. 

Case No. 2:23-cv-00485 

JURY TRIAL DEMANDED 

FIRST AMENDED SCHEDULING ORDER 

In accordance with the Joint Motion to Amend Scheduling Order, it is hereby ORDERED

that the following schedule of deadlines is in effect until further order of this Court: 

Amended Date Deadline Date Event 

August 4, 2025 *Jury Selection - 9:00 a.m. in Marshall, Texas

7 days before Jury 

Selection

*Defendant to disclose final invalidity theories, final prior

art references/combinations, and final equitable

defenses.1

10 days before

Jury Selection

*Plaintiff to disclose final election of Asserted Claims.2

1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days 

before Jury Selection,” and shall not include a specific date. 

2 Given the Court’s past experiences with litigants dropping claims and defenses during or 

on the eve of trial, the Court is of the opinion that these additional deadlines are necessary. The 

proposed DCO shall include this specific deadline. The deadline shall read, “10 days before Jury 

Selection,” and shall not include a specific date. 

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Amended Date Deadline Date Event

July 7, 2025 * If a juror questionnaire is to be used, an editable (in

Microsoft Word format) questionnaire shall be jointly

submitted to the Deputy Clerk in Charge by this date.3

June 30, 2025 *Pretrial Conference - 9:00 a.m. in Marshall, Texas

before Judge Rodney Gilstrap

June 23, 2025 *Notify Court of Agreements Reached During Meet

and Confer

The parties are ordered to meet and confer on any 

outstanding objections or motions in limine. The 

parties shall advise the Court of any agreements 

reached no later than 1:00 p.m. three (3) business days 

before the pretrial conference.

June 23, 2025 *File Joint Pretrial Order, Joint Proposed Jury

Instructions, Joint Proposed Verdict Form,

Responses to Motions in Limine, Updated Exhibit

Lists, Updated Witness Lists, and Updated

Deposition Designations

June 16, 2025 *File Notice of Request for Daily Transcript or Real

Time Reporting.

If a daily transcript or real time reporting of court 

proceedings is requested for trial, the party or parties 

making said request shall file a notice with the Court 

and e-mail the Court Reporter, Shawn McRoberts, at 

shawn_mcroberts@txed.uscourts.gov.

June 9, 2025 File Motions in Limine

The parties shall limit their motions in limine to 

issues that if improperly introduced at trial would be 

so prejudicial that the Court could not alleviate the 

prejudice by giving appropriate instructions to the 

jury.

June 9, 2025 Serve Objections to Rebuttal Pretrial Disclosures

3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror 

Questionnaires in Advance of Voir Dire.

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Amended Date Deadline Date Event

June 2, 2025 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

May 19, 2025 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof

May 12, 2025 *Response to Dispositive Motions (including Daubert

Motions). Responses to dispositive motions that were

filed prior to the dispositive motion deadline, including

Daubert Motions, shall be due in accordance with

Local Rule CV-7(e), not to exceed the deadline as set

forth in this Docket Control Order.4 Motions for

Summary Judgment shall comply with Local Rule CV56.

April 28, 2025 *File Motions to Strike Expert Testimony (including

Daubert Motions)

No motion to strike expert testimony (including a 

Daubert motion) may be filed after this date without 

leave of the Court.

April 28, 2025 *File Dispositive Motions

No dispositive motion may be filed after this date 

without leave of the Court.

Motions shall comply with Local Rule CV-56 and 

Local Rule CV-7. Motions to extend 2age limits will 

only be granted in exceptional circumstances.

Exceptional circumstances require more than

agreement among the parties.

4 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.” If the deadline under Local Rule CV 7(e) exceeds the deadline for Response to 

Dispositive Motions, the deadline for Response to Dispositive Motions controls. 

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Amended Date Deadline Date Event

April 21, 2025 Deadline to Complete Expert Discovery

April 7, 2025 Serve Disclosures for Rebuttal Expert Witnesses

March 17, 2025 Serve Disclosures for Expert Witnesses by the Party 

with the Burden of Proof

March 3, 2025 Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery

January 13, 2025 Comply with P.R. 3-7 (Opinion of Counsel 

Defenses)

February 3, 2025 *Claim Construction Hearing- 9:00 a.m. in Marshall,

Texas before Judge Rodney Gilstrap

January 21, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction

Chart)

January 13, 2025 *Comply with P.R. 4-5(c) (Reply Claim

Construction Brief)

January 6, 2025 Comply with P.R. 4-5(b) (Responsive Claim 

Construction Brief)

December 16, 

2024 Comply with P.R. 4-5(a) (Opening Claim 

Construction Brief) and Submit Technical Tutorials 

(if any).

Good cause must be shown to submit technical 

tutorials after the deadline to comply with P.R. 4-

5(a).

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Amended Date Deadline Date Event

December 16, 

2024 Deadline to Substantially Complete Document 

Production and Exchange Privilege Logs

Counsel are expected to make good faith efforts to 

produce all required documents as soon as they are 

available and not wait until the substantial 

completion deadline.

December 9, 

2024 Comply with P.R. 4-4 (Deadline to Complete Claim 

Construction Discovery)

December 2, 

2024 File Response to Amended Pleadings

November 18, 

2024 *File Amended Pleadings

It is not necessary to seek leave of Court to amend 

pleadings prior to this deadline unless the 

amendment seeks to assert additional patents.

November 12, 

2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

October 21, 2024 Comply with P.R. 4-2 (Exchange Preliminary Claim 

Constructions)

September 30, 

2024 Comply with P.R. 4-1 (Exchange Proposed Claim 

Terms)

May 6, 2024 Comply with Standing Order Regarding SubjectMatter Eligibility Contentions5

June 3, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

5

https://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%

20Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf

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Amended Date Deadline Date Event

April 22, 2024 April 15, 2024 *File Proposed Protective Order

The Proposed Protective Order shall be filed as a 

separate motion with the caption indicating whether 

or not the proposed order is opposed in any part.

April 15, 2024 *Comply with Paragraphs 1 & 3 of the Discovery

Order (Initial and Additional Disclosures)

(*) indicates a deadline that cannot be changed without an acceptable showing of

good cause. Good cause is not shown merely by indicating that the parties agree that 

the deadline should be changed.

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ADDITIONAL REQUIREMENTS

Mediation: While certain cases may benefit from mediation, such may not be

appropriate for every case. The Court finds that the Parties are best suited to evaluate whether 

mediation will benefit the case after the issuance of the Court’s claim construction order. 

Accordingly, the Court ORDERS the Parties to file a Joint Notice indicating whether the case 

should be referred for mediation within fourteen days of the issuance of the Court’s claim 

construction order. As a part of such Joint Notice, the Parties should indicate whether they 

have a mutually agreeable mediator for the Court to consider. If the Parties disagree about 

whether mediation is appropriate, the Parties should set forth a brief statement of their 

competing positions in the Joint Notice.

Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert 

Motions: For each motion, the moving party shall provide the Court with two (2) hard copies 

of the completed briefing (opening motion, response, reply, and if applicable, sur-reply),

excluding exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be singlesided and must include the CM/ECF header. These copies shall be delivered to the Court within 

three (3) business days after briefing has completed. For expert-relatedmotions, complete digital

copies of the relevant expert report(s) and accompanying exhibits shall be submitted on a single 

flash drive to the Court. Complete digital copies of the expert report(s) shall be delivered to the

Court no later than the dispositive motion deadline.

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.

Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that 

"[o]n the first appearance through counsel, each party shall designate a lead attorney on the 

pleadings or otherwise." Additionally, once designated, a party’s lead attorney may only be 

changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the

Court an Order granting leave to designate different lead counsel. The true lead counsel should 

be designated early and should not expect to parachute in as lead once the case has been largely 

developed.

Motions for Continuance: The following will not warrant a continuance nor

justify a failure to comply with the discovery deadline:

(a) The fact that there are motions for summary judgment or motions to dismiss pending;

(b) 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;

(c) 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.

Amendments to the Docket Control Order ("DCO"): Any motion to alter any

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

the DCO shall include a proposed order 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). In other words, the DCO in the proposed order should be complete such that

one can clearly see all the remaining deadlines and the changes, if any, to those deadlines, 

rather than needing to also refer to an earlier version of the DCO.

Proposed DCO: The Parties’ Proposed DCO should also follow the format

described above under "Amendments to the Docket Control Order (‘DCO’)."

Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial

Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial.

The Plaintiff shall also specify the nature of each theory of infringement, including under

which subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff 

alleges divided infringement or infringement under the doctrine of equivalents. Each 

Defendant shall indicate the nature of each theory of invalidity, including invalidity for 

anticipation, obviousness, subject-matter eligibility, written description, enablement, or any

other basis for invalidity. The Defendant shall also specify each prior art reference or

combination of references upon which the Defendant shall rely at trial, with respect to each 

theory of invalidity. The contentions of the Parties may not be amended, supplemented, or 

dropped without leave of the Court based upon a showing of good cause.

Trial: All parties must appear in person at trial. All non-individual (including but 

not limited to corporate) parties must appear at trial through the presence in person of a 

designated representative. Once they have appeared, any representative of a non-individual

party shall not be replaced or substituted without express leave of Court.

.

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 23rd day of April, 2024.

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