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`PAYGEO, LLC,
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)
`)
`Plaintiff,
`
`v.
`) Case No. 2:25-cv-00334-RWS-RSP
`)
`)
`)
`SAMSUNG E LECTRONICS C O., L TD., a nd )
`SAMSUNG ELECTRONICS AMERICA, )
`INC., )
`)
`Defendants.
`
`
`SECOND AMENDED DOCKET CONTROL ORDER
`
`In accordance with the Joint Motion to Amend the Docket Control Order (Dkt. No. 49), it is hereby
`ORDERED that the following schedule of deadlines is in effect until further order of this Court:
`
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`Current Date
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`Amended Date
`
`Event
`
`April 19, 2027
`
`* 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
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`Current Date
`
`Amended Date
`
`Event
`March 22, 2027 * If a juror questionnaire is to be
`used, an editable (in Microsoft
`Word format) questionnaire shall
`be jointly submitted to the Deputy
`Clerk in Change by this date. 3
`March 15, 2027 *Pretrial Conference – 9:00 a.m.
`in Marshall, Texas before Judge
`Roy Payne
`March 8, 2027 *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.
`March 4, 2027 *File Joint Pretrial Order, Joint
`Proposed Jury Instructions, Joint
`Proposed Verdict Form,
`Responses to Motion in Limine,
`Updated Exhibit Lists, Updated
`Witness Lists, and Updated
`Deposition Designations
`March 1, 2027 *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
`
`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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`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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`Current Date
`
`Amended Date
`
`Event
` file a notice with the Court and e-
`mail the Court Reporter, Shelly
`Holmes, at
`shelly_holmes@txed.uscourts.gov.
`February 18, 2027 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.
`February 18, 2027 Serve Objections to Rebuttal
`Pretrial Disclosures
`February 11, 2027 Serve Objections to Pretrial
`Disclosures; and Serve Rebuttal
`Pretrial Disclosures
`January 28, 2027 Serve Pretrial Disclosures
`(Witness List, Deposition
`Designations, and Exhibit List)
`by the Party with the Burden of
`Proof
`January 25, 2027 *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
`
`
`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.”
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`Current Date
`
`Amended Date
`
`Event
` Judgment shall comply with
`Local Rule CV-56
`January 11, 2027 *File Motions to Strike Expert
`Testimony (including Daubert
`Motions)
`No motion to strike expert
`testimony (including Daubert
`motion) may be filed after this
`date without leave of the Court.
`January 11, 2027 *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.
`January 6, 2027 Deadline to Complete Expert
`Discovery
`December 14, 2026 Serve Disclosures for Rebuttal
`Expert Witnesses
`November 18, 2026 Deadline to Complete Fact
`Discovery and File Motions to
`Compel Discovery
`
`
`
`
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`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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`Current Date
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`Amended Date
`
`Event
`November 18, 2026 Serve Disclosures for Expert
`Witnesses by the Party with the
`Burden of Proof
`Provide available dates for all
`Experts (regardless of burden of
`proof) to be deposed during the
`Expert Discovery Period
`November 12, 2026 Comply with P.R. 3-7 (Opinion
`of Counsel Defenses)
`October 21, 2026 *Claim Construction Hearing –
`9:00 a.m. in Marshall, Texas
`Before Judge Roy Payne
`October 7, 2026 *Comply with P.R. 4-5(d) (Joint
`Claim Construction Chart)
`September 30, 2026 *Comply with P.R. 4-5(c) (Reply
`Claim Construction Brief)
`September 23, 2026 Comply with P.R. 4-5(b)
`(Responsive Claim Construction
`Brief)
`September 9, 2026 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).
`September 9, 2026 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
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`Current Date
`
`Amended Date
`
`Event
` until the substantial completion
`deadline.
`August 26, 2026 Comply with P.R. 4-4 (Deadline
`to Complete Claim Construction
`Discovery)
`August 19, 2026 File Response to Amended
`Pleadings
`August 5, 2026 *File Amended Pleadings
`It is not necessary to seek leave
`of Court to amend pleadings
`prior to this deadline unless the
`amendments seek to assert
`additional patents.
`July 29, 2026 Comply with P.R. 4-3 (Joint
`Claim Construction Statement)
`July 8, 2026 Comply with P.R. 4-2 (Exchange
`Preliminary Claim
`Constructions)
`June 17, 2026 Comply with P.R. 4-1 (Exchange
`Proposed Claim Terms)
`November 3, 2025 Comply with Standing Order
`Regarding Subject-Matter
`Eligibility Contentions
`November 3, 2025 Comply with P.R. 3-3 & 3-4
`(Invalidity Contentions)
`September 29, 2025 October 9, 2025 *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.
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`Current Date
`
`Amended Date
`
`Event
`September 29, 2025 Comply with Paragraphs 1 & 3
`of the Discovery Order (Initial
`and Additional Disclosures)
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`(*) 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
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`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.
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`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.
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`Lead Counsel: The Parties are directed to Local Rule CV-1 l(a)(l), 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
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`be designated early and should not expect to parachute in as lead once the case has been largely
`developed.
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`Motions for Continuance: The following will not warrant a continuance nor justify a
`failure to comply with the discovery deadline:
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`(a) The fact that there are motions for summary judgment or motions to dismiss pending;
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`(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;
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`(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.
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`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.
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`Proposed DCO: The Parties' Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
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`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.
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`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.
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`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
`SIGNED this 3rd day of January, 2012.
`SIGNED this 1st day of October, 2025.
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