PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HANSHOW TECHNOLOGY CO., LTD. 

and SHANGHAI HANSHI 

INFORMATION TECHNOLOGY CO., 

LTD., 

Plaintiffs, 

v.

SES-IMAGOTAG SA et al., 

Defendants.

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

CIVIL ACTION NO. 2:23-cv-00617-RWS-RSP

AMENDED DOCKET CONTROL ORDER

Before the Court is the Joint Motion for Entry of Docket Control Order and the 

Unopposed Motion to Reset Trial Date and Amend the Docket Control Order. Dkt. Nos. 27, 28.

Both Motions are GRANTED. Accordingly, it is ORDERED that the following schedule of 

deadlines is in effect until further order of this Court:

Amended Deadline Event 

February 17, 2026 *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 experience 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.

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 1 of 7 PageID #: 520
PAGE 2

December 15, 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

December 9, 2025 *Pretrial Conference – 9:00 a.m. in Marshall, Texas before

Judge Roy Payne

December 1, 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 agreementsreached no later than 1:00 p.m. three

(3) business days before the pretrial conference.

December 1, 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.

November 25, 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 email the Court Reporter, Shelly Holmes, at 

shelly_holmes@txed.uscourts.gov.

3

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

in Advance of Voir Dire. 

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 2 of 7 PageID #: 521
PAGE 3

November 17, 2025 Objections to Pretrial Disclosures.

Each party must serve a list disclosing any objections and the 

relevant grounds, including any objections under Federal Rule 

of Evidence 402 and 403, to:

(a) any other party’s deposition designation;

(b) the admissibility of disclosed exhibits; and

(c) the use of any witnesses.

Any objections not so disclosed, other than objections under 

Rules 402 and 403 of the Federal Rules of Evidence, are 

waived unless excused by the Court for good cause. The 

parties are ORDERED to meet and confer to resolve any 

disputes before filing any objections to pretrial disclosures.

November 10, 2025 Serve Objections to Rebuttal Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

October 27, 2025 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the Burden 

of Proof.

October 20, 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. Motions for Summary Judgment shall comply with

Local Rule CV-56.

October 6, 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.

October 6, 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 page limits will only be 

granted in exceptional circumstances. Exceptional

circumstances require more than agreement among the

parties.

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 3 of 7 PageID #: 522
PAGE 4

September 22, 2025 Deadline to Complete Expert Discovery

September 5, 2025 Serve Disclosures for Rebuttal Expert Witnesses

August 22, 2025 Deadline to Complete Fact Discovery and File Motions to 

Compel Discovery 

August 22, 2025 Serve Disclosures for Expert Witnesses by the Party with the 

Burden of Proof 

May 6, 2025 Comply with P.R. 3-7 (Opinion of Counsel Defenses) 

April 15, 2025 *Claim Construction Hearing – 9:00 a.m. in Marhsall,

Texas before Judge Roy Payne

April 1, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

March 25, 2025 *Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

March 18, 2025 Comply with P.R. 4-5(b) Responsive claim construction brief 

and supporting evidence due. 

March 4, 2025 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) 

March 4, 2025 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.

February 18, 2025 Comply with P.R. 4-4 (Deadline to Complete Claim 

Construction Discovery)

February 11, 2025 File Response to Amended Pleadings

February 4, 2025 Comply with P.R. 4-3 (Joint Claim Construction Statement)

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 4 of 7 PageID #: 523
PAGE 5

January 28, 2025 *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.

January 14, 2025 Comply with P.R. 4-2 (Exchange Preliminary Claim 

Constructions)

December 17, 2024 Comply with P.R. 4-1 (Exchange Proposed Claim Terms

July 29, 2024 Plaintiffs’ Deadline to Respond to Defendants’ Motion to 

Dismiss

July 8, 2024 Deadline to Complete Jurisdictional Discovery

May 15, 2024 Comply with Standing Order Regarding Subject-Matter 

Eligibility Contentions

May 15, 2024 Comply with P.R. 3-3 & 3-4 Invalidity Contentions

April 25, 2024 Plaintiff’s Deadline to Answer or Otherwise Respond to 

Complaint

April 24, 2024 *File Proposed Protective Order and Comply with Paragraphs

1 & 3 of the Discovery Order (Initial and Additional

Disclosures)

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.

(*) indicates a deadline that cannot be changed without showing good cause. Good cause is 

not shown merely by indicating that the parties agree that the deadline should be changed. 

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.

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 5 of 7 PageID #: 524
PAGE 6

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 single-sided 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-related motions, 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 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 

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 6 of 7 PageID #: 525
PAGE 7

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. The 

Parties in a case which has been consolidated for pre-trial purposes and which is moving towards 

a separate trial on the merits (subsequent to pre-trial) shall file, as an exhibit to the parties’ Joint 

Pretrial Order, a list identifying all docket entries from the lead case that relate to the applicable 

member case.

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. 

Case 2:23-cv-00617-RWS-RSP Document 48 Filed 07/23/24 Page 7 of 7 PageID #: 526