DOCKET CONTROL ORDER

In accordance with the case scheduling conference held herein on the 5 day of July, 2006,

it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this court:

Monday, Jury Selection - 9:00 a.m. in Marshall, Texas

November 5, 2007

October 23, 2007 Pretrial Conference - 1:30 p.m. in Marshall, Texas

October 9, 2007 Joint Pretrial Order, Joint Proposed Jury Instructions and

Form of the Verdict.

October 19, 2007 Motions in Limine (due three days before final Pre-Trial

Conference).

Three (3) days prior to the pre-trial conference provided for

herein, the parties shall furnish a copy of their respective

Motions in Liming to the Court by facsimile transmission,

903/935-2295. The parties are directed to confer and advise

the Court on or before 3:00 o’clock p.m. the day before the

pre-trial conference which paragraphs are agreed to and those

that need to be addressed at the pre-trial conference.

Case 2:05-cv-00494-TJW Document 82 Filed 07/11/2006 Page 1 of 6

1

The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the event

a party fails to oppose a motion in the manner prescribed herein the court will assume that the party

has no opposition.” Local Rule CV-7(e) provides that a party opposing a motion has 12 days, in

addition to any added time permitted under Fed. R. Civ. P. 6(e), in which to serve and file a

response and any supporting documents, after which the court will consider the submitted motion

for decision.

October 5, 2007 Pretrial Disclosures due

October 19, 2007 Pretrial Objections due

14 Days after Pretrial Deadline for Objections to Use of a Deposition under

Disclosures Rule 32(a) (all objections other than FRE 402 and 403 waived

if not made).

September 28, 2007 Response to Dispositive Motions (including Daubert

motions)1

Responses to dispositive motions filed prior to the

dispositive motion deadline, including Daubert Motions,

shall be due in accordance with Local Rule CV-7(e).

Motions for Summary Judgment shall comply with Local

Rule CV56.

September 14, 2007 For Filing Dispositive Motions and any other motions that

may require a hearing (including Daubert motions)

60 Days after Claim Mediation to be completed

Construction Ruling

September 18, 2007 Defendant to Identify Trial Witnesses

September 4, 2007 Plaintiff to Identify Trial Witnesses

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September 4, 2007 Discovery Deadline

30 Days after claim construction ruling

Designate Rebuttal Expert Witnesses other than claims

construction

Expert witness report due

Refer to Discovery Order for required information.

15 Days after claim construction ruling

Comply with P.R. 3-8.

15 Days after claim construction ruling

Party with the burden of proof to designate Expert Witnesses

other than claims construction

Expert witness report due

Refer to Discovery Order for required information.

30 Days after claim construction ruling

Final Infringement Contentions if warranted under

P.R. 3-6(a).

50 Days after claim construction ruling

Final Invalidity Contentions if warranted under P.R. 3-6(b).

May 3, 2007 Claim construction hearing 9:00 a.m., Marshall, Texas.

April 23, 2007 Comply with P.R. 4-5(d)

April 9, 2007 Comply with P.R. 4-5©).

April 2, 2007 Comply with P.R. 4-5(b).

March 19, 2007 Comply with P.R. 4-5(a).

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February 23, 2007 Discovery deadline–claims construction issues

February 16, 2007 Respond to Amended Pleadings

February 2, 2007 Amend Pleadings

(It is not necessary to file a Motion for Leave to Amend

before the deadline to amend pleadings except to the

extent the amendment seeks to add a new patent in suit.

It is necessary to file a Motion for Leave to Amend after

February 2, 2007).

February 2, 2007 Comply with P.R. 4-3.

January 3, 2007 Comply with P.R. 4-2.

December 14, 2006 Comply with P.R. 4-1.

December 4, 2006 Notify Court whether disputes exist as to claims of privileged

documents.

November 3, 2006 Privilege Logs to be exchanged by parties

(or a letter to the Court stating that there are no disputes as to

claims of privileged documents).

September 11, 2006 Comply with P.R. 3-3, including 3-4(b).

August 25, 2006 Computation of damages claimed including documents upon

which computation is based.

August 25, 2006 Join Additional Parties

July 17, 2006 Comply with P.R. 3-1.

Case 2:05-cv-00494-TJW Document 82 Filed 07/11/2006 Page 4 of 6

IT IS FURTHER ORDERED that the parties shall provide the Court, within thirty (30) days

from the date of the Scheduling Conference, the name, address, telephone number, and fax number

of an agreed mediator. If the parties are unable to agree, the Court will appoint a mediator in the

above referenced case.

IT IS FURTHER ORDERED that the parties shall notify the Court whether they agree on a

technical advisor and, if so, provide the name, address, telephone number, and fax number of such

person within thirty (30) days from the date of the Scheduling Conference.

OTHER LIMITATIONS

1. All depositions to be read into evidence as part of the parties’ case-in-chief shall be

EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony;

ONLY those portions which are relevant to the issues in controversy shall be read

into evidence.

2. The Court will refuse to entertain any motion to compel discovery filed after the date

of this Order unless the movant advises the Court within the body of the motion that

counsel for the parties have first conferred in a good faith attempt to resolve the

matter. See Eastern District of Texas Local Rule CV-7(h).

3. 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;

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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.

Case 2:05-cv-00494-TJW Document 82 Filed 07/11/2006 Page 6 of 6

SIGNED this day of

__________________________________________

T. JOHN WARD

UNITED STATES DISTRICT JUDGE

7th July, 2006.