Malikie Innovations Ltd. v. Core Scientific, Inc. — Entry #121: THIRD AMENDED DOCKET CONTROL ORDER (Markman/Claim Construction Hearing set for 4/15/2027 at 09:00 AM before Magistrate Judge Roy S
Case: Malikie Innovations Ltd. v. Core Scientific, Inc. txed · 2:25-cv-00519
filed May 12, 2025
What this document is
Docket entry #121 · filed July 10, 2026
THIRD AMENDED DOCKET CONTROL ORDER (Markman/Claim Construction Hearing set for 4/15/2027 at 09:00 AM before Magistrate Judge Roy S. Payne., Jury Selection set for 12/6/2027 at 09:00AM before District Judge Rodney Gilstrap., Pretrial Conference set for 10/14/2027 at 09:00 AM before Magistrate Judge Roy S. Payne). Signed by Magistrate Judge Roy S. Payne on 07/09/2026. (mdj) (Entered: 07/10/2026)
Who is involved
- Core Scientific, Inc. [tracked: Core Scientific]
- CoreWeave, Inc. [tracked: CoreWeave]
- Key Patent Innovations Ltd.
- Malikie Innovations Ltd.
Why we have it
We follow this case because a company we track is a party: Core Scientific (listed as “Core Scientific, Inc.”); CoreWeave (listed as “CoreWeave, Inc.”). We checked the full party list on September 02, 2026 and confirmed the match.
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved September 02, 2026. Federal court filings are public records.
Document text
6 page(s), 15,538 characters, converted from the PDF's text layer · plain text.
Full text
Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 1 of 6 PageID #:
3775
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MALIKIE INNOVATIONS LTD. and §
KEY PATENT INNOVATIONS LTD., §
§
Plaintiffs,
§
v. § CASE NO. 2:25-CV-00519-JRG-RSP
CORE SCIENTIFIC, INC., §
§
Defendant. §
THIRD AMENDED DOCKET CONTROL ORDER
Before the Court is the Parties’ Joint Motion to Amend the Docket Control Order. Dkt.
No. 117. Having considered the Motion, and noting its joint nature, the Court finds that it should
be and hereby is GRANTED. Accordingly, it is
ORDERED that the following schedule of deadlines is in effect until further order of this
Court:
Event Current Date Amended Date
*Jury Selection – 9:00 a.m. in Marshall, July 12, 2027 December 6, 2027
Texas
*Defendant to disclose final invalidity 7 days before Jury 7 days before Jury
theories, final prior art Selection Selection
references/combinations, and final equitable
defenses with notice of the same filed with
the Court. 1
*Plaintiff to disclose final election of 10 days before Jury 10 days before Jury
Asserted Claims with notice of the same Selection Selection
filed with the Court.2
* If a juror questionnaire is to be used, an May 24, 2027 October 20, 2027
editable (in Microsoft Word format)
questionnaire shall be jointly submitted to
the Deputy Clerk in Charge by this date.3
*Pretrial Conference – 9:00 a.m. in Marshall, May 18, 2027 October 14, 2027
Texas before Magistrate Judge Roy S. Payne
*Notify Court of Agreements Reached May 10, 2027 October 7, 2027
During Meet and Confer
The parties are ordered to meet and confer
on any outstanding objections or motions in
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Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 2 of 6 PageID #:
3776
Event Current Date Amended Date
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.
*File Joint Pretrial Order, Joint Proposed May 10, 2027 October 7, 2027
Jury Instructions, Joint Proposed Verdict
Form, Responses to Motions in Limine,
Updated Exhibit Lists, Updated Witness
Lists, and Updated Deposition Designations
*File Notice of Request for Daily Transcript May 3, 2027 September 30, 2027
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, Shawn McRoberts, at
[email protected].
File Motions in Limine April 26, 2027 September 23, 2027
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.
Serve Objections to Rebuttal Pretrial April 26, 2027 September 23, 2027
Disclosures
Serve Objections to Pretrial Disclosures; and April 19, 2027 September 16, 2027
Serve Rebuttal Pretrial Disclosures
Serve Pretrial Disclosures (Witness List, April 5, 2027 September 2, 2027
Deposition Designations, and Exhibit List)
by the Party with the Burden of Proof
*Response to Dispositive Motions (including March 29, 2027 August 26, 2027
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 Judgment
shall comply with Local Rule CV-56.
*File Motions to Strike Expert Testimony March 15, 2027 August 12, 2027
(including Daubert Motions)
No motion to strike expert testimony
(including a Daubert motion) may be filed
after this date without leave of the Court.
*File Dispositive Motions March 15, 2027 August 12, 2027
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Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 3 of 6 PageID #:
3777
Event Current Date Amended Date
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.
Deadline to Complete Expert Discovery March 8, 2027 August 6, 2027
Serve Disclosures for Rebuttal Expert February 22, 2027 July 21, 2027
Witnesses
Serve Disclosures for Expert Witnesses by February 1, 2027 July 1, 2027
the Party with the Burden of Proof
Deadline to Complete Fact Discovery and February 1, 2027 July 1, 2027
File Motions to Compel Discovery
Comply with P.R. 3-7 (Opinion of Counsel December 9, 2026 May 5, 2027
Defenses)
*Claim Construction Hearing – 9:00 a.m. November 18, 2026 April 15, 2027
in Marshall, Texas before Magistrate Judge
Roy S. Payne.
*Comply with P.R. 4-5(d) (Joint Claim November 4, 2026 April 5, 2027
Construction Chart)
*Comply with P.R. 4-5(c) (Reply Claim October 28, 2026 March 29, 2027
Construction Brief)
Comply with P.R. 4-5(b) (Responsive Claim October 21, 2026 March 22, 2027
Construction Brief)
Comply with P.R. 4-5(a) (Opening Claim October 7, 2026 March 8, 2027
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).
Deadline to Substantially Complete October 7, 2026 March 8, 2027
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.
Comply with P.R. 4-4 (Deadline to Complete September 23, 2026 March 1, 2027
Claim Construction Discovery)
File Response to Amended Pleadings September 16, 2026 February 22, 2027
*File Amended Pleadings September 2, 2026 February 8, 2027
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Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 4 of 6 PageID #:
3778
Event Current Date Amended Date
It is not necessary to seek leave of Court to
amend pleadings prior to this deadline unless
the amendment seeks to assert additional
patents.
Comply with P.R. 4-3 (Joint Claim August 26, 2026 February 1, 2027
Construction Statement)
Comply with P.R. 4-2 (Exchange August 5, 2026 January 8, 2027
Preliminary Claim Constructions)
Comply with P.R. 4-1 (Exchange Proposed July 15, 2026 December 18, 2026
Claim Terms)
Comply with P.R. 3-3 & 3-4 (Invalidity None December 4, 2026
Contentions) as to remaining patents
Comply with P.R. 3-3 & 3-4 (Invalidity July 1, 2026 December 4, 2026
Contentions) as to ’039 patent
Plaintiffs to serve supplemental P.R. 3-2 None September 30, 2026
Document Production (as to CoreWeave
only)
Plaintiffs to serve supplemental P.R. 3-1 None September 30, 2026
Infringement Contentions (as to CoreWeave
only)
(*) 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.
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.
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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.
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.
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. Other than as set forth in the above deadlines, 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.
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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
replacedSIGNED
or substituted without
this 3rd day express leave2012.
of January, of Court.
SIGNED this 9th day of July, 2026.
____________________________________
ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE
6