Case 2:05-cv-00494-TJW Document 92-2 Filed 08/02/2006 Page 1 of 4

FIRST AMENDED DOCKET CONTROL ORDER

In accordance with the case scheduling conference held herein on the 5th day of July 2006, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this court:

Monday, November 5, 2007 Jury Selection -- 9:00 a.m. in Marshall, Texas

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 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 Limine 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.

October 5, 2007 Pretrial Disclosures due

October 19, 2007 Pretrial Objection due 14 Days after Pretrial Deadline for Objections to Use of a Deposition under Rule 32(a) Disclosures (all objections other than FRE 402 and 403 waived if not made).

September 28, 2007 Response to Dispositive Motions (including Daubert motions)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 Construction Ruling Mediation to be completed

September 18, 2007 Defendant to Identify Trial Witnesses

September 4, 2007 Plaintiff to Identify Trial Witnesses

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.

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(3), in which to serve and file a response and any supporting documents, after which the court will consider the

submitted motion for decision.

Designate 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(c).

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

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

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).

September 5, 2006 Comply with Discovery Order § 1 (a-g)

August 25, 2006 Computation of damages claimed including documents upon which computation is based.

August 25, 2006 Commence to comply with Discovery Order § 3(b) and P.R. 3- 4(a), with substantial compliance completed by October 3,2006.

August 25, 2006 Join Additional Parties.

July 17, 2006 Comply with P.R. 3-1; commence to comply with P.R. 3-2, with substantial compliance completed by August 17, 2007.