Eolas Technologies Incorporated v. Adobe Systems Incorporated et al
Filing
977
Joint MOTION to Enter Revised Docket Control Order by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Citigroup Inc., Eolas Technologies Incorporated, Frito-Lay, Inc., Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS
TECHNOLOGIES
INCORPORATED,
PLAINTIFF,
v.
ADOBE SYSTEMS INC., et al.,
DEFENDANTS.
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Civil Action No. 6:09-CV-446-LED
JURY TRIAL DEMANDED
DOCKET CONTROL ORDER
DESCRIPTION OF EVENT
PROPOSED DATE
Hearing re: Motion for Reconsideration
and Motion for Leave to Amend Complaint
to Add UC Regents
September 21, 2011
Summary Judgment / Daubert Briefing
Surreply to Go Daddy’s MSJ MSFT License
(Dkt. No. 790)
September 16, 2011
Responses to Motions for Summary Judgment
(Dkt. Nos. 869, 870, 873, 874, 876, 877)
September 28, 2011
Replies in support of Motions for Summary
Judgment (Dkt. Nos. 869, 870, 873, 874, 876,
877)
October 10, 2011
Surreplies to Motions for Summary Judgment
(Dkt. Nos. 869, 870, 873, 874, 876, 877)
October 20, 2011
Responses to Previously-filed Daubert
Motions (Dkt. Nos. 901, 902, 903, 904, 905,
906, 907, 930)
October 5, 2011
Replies in support of Previously-filed Daubert
Motions (Dkt. Nos. 901, 902, 903, 904, 905,
906, 907, 930)
October 17, 2011
27986886_1
1
DESCRIPTION OF EVENT
PROPOSED DATE
Surreplies to Previously-filed Daubert
Motions (Dkt. Nos. 901, 902, 903, 904, 905,
906, 907, 930)1
October 27, 2011
Proposed Hearing re: Summary Judgment
and Daubert Motions2
November 17, 2011
Amendment Pursuant to Patent Rule 3-63
Amended infringement contentions and expert
reports pursuant to Local Patent Rule
3.6(a)(1)
October 6, 2011
Amended invalidity contentions and expert
reports pursuant to Local Patent Rule
3.6(a)(2)
October 27, 2011
Rebuttal Expert Reports (excluding Frito-Lay)
November 15, 2011
Motions to Strike and Dauberts limited to
amended infringement and invalidity
contentions and expert reports, rebuttal expert
reports, and Citigroup damages expert report
December 8, 2011
Oppositions to Motions to Strike and Dauberts
re: amended contentions and expert reports,
rebuttal expert reports, and Citigroup damages
expert report
December 22, 2011
Replies in support of Motions to Strike and
Dauberts re: amended contentions and expert
reports, rebuttal expert reports and Citigroup
damages report due
January 6, 2012
1
Eolas proposes that this date also apply to surreplies for previously-filed Motions to Strike Dkt. Nos. 860, 861,
868. Defendants propose that these Motions to Strike be resolved during the September 21, 2011 hearing. (See
Septemeber 14, 2011 letter to Judge Davis). The parties agree to abide by the Court’s decision as to the disposition
of these Motions.
2
Defendants propose this hearing. However, Defendants and Eolas leave it to the discretion of the Court whether
the Court would like oral argument on these motions at this time.
3
By agreeing to this schedule, Defendants are not agreeing that any proposed revision is proper and reserves the
right to oppose any revision or supplementation.
27986886_1
2
DESCRIPTION OF EVENT
PROPOSED DATE
Surreplies to Motions to Strike and Dauberts
re: amended contentions and expert reports,
rebuttal expert reports and Citigroup damages
report
January 13, 2012
Proposed hearing on Dauberts and Motions
to Strike re: amended infringement and
invalidity contentions, rebuttal expert
reports (all Defs), and Summary Judgment
(Frito-Lay only)4
January 19, 2012
(coinciding with Pre-Trial Conference)
Eolas v. Frito-Lay Only
Amend pleadings (after Markman Hearing)
(as to Eolas v. Frito-Lay only)
October 14, 2011
Fact discovery cutoff (as to Eolas v. Frito-Lay
only)
November 9, 2011
Parties with burden of proof designate expert,
expert reports due (as to Eolas v. Frito-Lay
only)
November 16, 2011
Rebuttal expert reports and identify rebuttal
trial witnesses (as to Eolas v. Frito-Lay only)
December 16, 2011
Dispositive motions due (including Daubert
motions)(as to Eolas v. Frito-Lay only)
December 23, 2011
Response to dispositive motions due
(including Daubert motions)(as to Eolas v.
Frito-Lay only)
January 6, 2012
Replies to dispositive motions due (including
Daubert motions)(as to Eolas v. Frito-Lay
only)
January 13, 2012
Sur-replies to dispositive motions due
(including Daubert motions)(as to Eolas v.
Frito-Lay only)
January 17, 2012
4
Defendants propose this hearing. However, Defendants and Eolas leave it to the discretion of the Court whether
the Court would like oral argument on these motions at this time.
27986886_1
3
DESCRIPTION OF EVENT
PROPOSED DATE
Pretrial Tasks
Video and Stenographic Deposition
Designations due Each party who proposes
to offer deposition testimony shall file a
disclosure identifying the line and page
numbers to be offered.
December 21, 2011
Parties to exchange exhibit lists in .doc or
.xls format.
December 21, 2011
Parties to identify any issues to be tried to
the bench.
December 21, 2011
Parties to exchange electronic copies of
numbered trial exhibits
January 5, 2012
Rebuttal Designations and Objections to
Deposition Testimony due. 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.
January 5, 2012
Motions in Limine due. The parties are
directed to meet and confer and attempt to
resolve all limine issues before filing any
motions in limine.
January 6, 2012
Parties to file estimates of the amount of
time they request at jury selection and trial
for (1) voir dire, (2) opening statements, (3)
direct and cross examinations, and (4)
closing arguments.
January 9, 2012
Joint Pretrial Order, Joint Proposed Jury
Instructions with citation to authority and
Form of the Verdict for jury trials due.
January 9, 2012
27986886_1
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DESCRIPTION OF EVENT
PROPOSED DATE
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 with
the Court and email the Court Reporter,
Shea Sloan, at
shea_sloan@txed.uscourts.gov.
January 12, 2012
Proposed Findings of Fact and Conclusions
of Law with citation to authority for issues
tried to the bench.
January 12, 2012
Objections to exhibits due
January 12, 2012
Objections to Rebuttal Deposition
Testimony due.
January 12, 2012
Responses to Motions in Limine due.
January 13, 2012
Pretrial Conference
January 19, 2012
Jury Selection
February 6, 2012
27986886_1
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