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 1 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 shawn_mcroberts@txed.uscourts.gov. 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 2 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 3 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. 4 Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 5 of 6 PageID #: 3779 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. 5 Case 2:25-cv-00519-JRG-RSP Document 121 Filed 07/10/26 Page 6 of 6 PageID #: 3780 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