UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

CICAS IP LLC,

Plaintiff,

v.

Ethicon, Inc., Ethicon US LLC, Ethicon 

Sarl, Auris Health, Inc., Medical Device 

Business Services, Inc., Johnson & 

Johnson,

Defendants.

Civil Action No.: 2:23-CV-293-RWS-RSP

JURY TRIAL DEMANDED

DOCKET CONTROL ORDER FOR PATENT CASES

ASSIGNED TO JUDGE ROBERT SCHROEDER AND JUDGE ROY PAYNE

In accordance with the scheduling conference held in CICAS IP LLC v. Ethicon, Inc., et 

al., it is hereby ORDERED that the following schedule of deadlines is in effect until further order 

of this Court:

Court’s 

Assigned/Default 

Dates

Proposed Dates Event Description

February 18, 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 

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 1 of 7 PageID #: 210
- 2 -

January 21, 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

January 16, 2025 *Pretrial Conference – 9:00 a.m. in Marshall, 

Texas before Judge Roy Payne

January 7, 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.

January 7, 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

December 31, 2024 *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, Shelly 

Holmes, at shelly_holmes@txed.uscourts.gov.

December 24, 2024 December 23, 2024 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.

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

Selection,” and shall not include a specific date.

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-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 2 of 7 PageID #: 211
- 3 -

December 24, 2024 December 23, 2024 Serve Objections to Rebuttal Pretrial Disclosures

December 17, 2024 December 16, 2024 Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures

December 3, 2024 Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) by the 

Party with the Burden of Proof

November 26, 2024 *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 CV7(e), not to exceed the deadline as set forth in this 

Docket Control Order.4 Motions for Summary 

Judgment shall comply with Local Rule CV-56.

November 12, 2024 *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.

November 12, 2024 *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. 

November 5, 2024 Deadline to Complete Expert Discovery

October 22, 2024 Serve Disclosures for Rebuttal Expert Witnesses

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.

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 3 of 7 PageID #: 212
- 4 -

October 1, 2024 Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery

October 1, 2024 Serve Disclosures for Expert Witnesses by the 

Party with the Burden of Proof

August 23, 2024 Comply with P.R. 3-7 (Opinion of Counsel

Defenses)

2 weeks After 

Court’s Issuance of 

Claim Construction 

Order

Submit Joint Notice Indicating Whether the Case 

Should be Referred for Mediation

August 2, 2024 *Claim Construction Hearing – 9:00a.m. in 

Marshall, Texas before Judge Roy Payne

July 19, 2024 *Comply with P.R. 4-5(d) (Joint Claim

Construction Chart)

July 12, 2024 *Comply with P.R. 4-5(c) (Reply Claim 

Construction Brief)

July 5, 2024 Comply with P.R. 4-5(b) (Responsive Claim 

Construction Brief)

June 21, 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). 

June 21, 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.

June 7, 2024 Comply with P.R. 4-4 (Deadline to Complete 

Claim Construction Discovery)

May 31, 2024 File Response to Amended Pleadings

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 4 of 7 PageID #: 213
- 5 -

May 17, 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.

May 10, 2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

April 19, 2024 Comply with P.R. 4-2 (Exchange Preliminary 

Claim Constructions)

March 29, 2024 Comply with P.R. 4-1 (Exchange Proposed Claim 

Terms)

December 14, 2023 January 17, 2024 Comply with Standing Order Regarding SubjectMatter Eligibility Contentions5

December 14, 2023 January 17, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity 

Contentions)

November 24, 2023 *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.

November 16, 2023 *File Proposed Docket Control Order and 

Proposed Discovery Order

The Proposed Docket Control Order and 

Proposed Discovery Order shall be filed as 

separate motions with the caption indicating 

whether or not the proposed order is opposed in 

any part.

November 9, 2023 Join Additional Parties

October 19, 2023 Comply with P.R. 3-1 & 3-2 (Infringement 

Contentions

5

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

e%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 5 of 7 PageID #: 214
- 6 -

(*) 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. 

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 excuses 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.

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 6 of 7 PageID #: 215
- 7 -

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 

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. 

Case 2:23-cv-00293-RWS-RSP Document 18-1 Filed 11/16/23 Page 7 of 7 PageID #: 216