Waco Patent Litigation Updates

Judge Albright entered a revised Order Governing Proceedings - Patent Cases: OGP Version 3.5. Some notable changes include:

Page limits:

There is still no limit on the number of motions for summary judgment, Daubert motions, or motions in limine that can be filed. However, the Court has added page limits for Daubert motions and MILs. Absent leave of Court, the cumulative page limits for opening briefs are:

• All Motions for Summary Judgment: 40 pages per side;
• All Daubert motions: 40 pages per side;
• All Motions in Limine: 15 pages per side.

Responsive briefs for MSJ, Daubert, and MIL briefs are limited to the pages utilized in opening briefs or by the local rules, whichever is greater. Reply brief page limits shall be governed by the local rules.

Discovery Disputes:

If the parties are at an impasse after lead counsel have met and conferred, the requesting party shall email a summary of the issue(s) and specific relief requested to opposing counsel. The email shall not exceed 500 words and shall include all counsel of record. The responding party shall have three business days thereafter to provide an email response, also not to exceed 500 words. In situations where multiple items are at issue in the dispute (such as responses to interrogatories or categories of document production), the Court encourages the parties to provide their submission in a table format (also not more than 500 words per side), which identifies the disputed issues and specific relief requested.
Once the opposing party provides its response, the requesting party shall email the responsible law clerk (or the following email address if the assigned law clerk is not known: TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov) a combined email with the summary positions from both sides. Thereafter, the Court will provide guidance to the parties regarding the dispute, or arrange a telephonic hearing if the Court determines that additional argument would be of benefit.

Motions to Transfer:

The Reply deadline is now 14 days after the Responsive Brief (previously 7 days).

Courtesy Copies of Briefing for the Court:

For Markman briefs, MSJs, and Daubert motions, the parties must jointly deliver to Chambers one paper copy printed double-sided of the Opening, Response, and Reply briefs, omitting attachments, at least 10 days before the hearing. Plaintiff shall be responsible for delivering a combined set of paper copies to chambers, unless there is an agreement to the contrary.

Each party shall also provide an electronic copy of the briefs, exhibits, and the optional technology tutorial via USB drive (previously there was an option to upload copies to Box).

New General Issues:

10. When filing the Joint Claim Construction Statement or proposed Protective Order, the parties shall also email the law clerk a Word version of the filed documents.

11. For all non-dispositive motions, the parties shall submit a proposed Order. The proposedOrder shall omit the word “Proposed” from the title.