Judge Albright has entered a new Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions. The Order is almost identical to the previous order from February 2021, with the addition of this language:
"When this Court enters an order resolving a motion in which one or more of the parties filed briefing under seal, the Court will enter its order under seal. The movant shall follow the above protocol and file a publicly available, redacted version of the Court’s sealed order within seven days after the Court enters the sealed order."
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 ...
Today, Judge Albright entered his Second Amended Standing Order Regarding Motions for Inter-District Transfer, which replaces the previous June 8 Order.
The Second Amended Order still requires a party who has filed a motion for inter-district transfer to provide the Court with a report regarding the briefing status prior to the Markman hearing, but with a few changes:
- A party must file the status report with respect to whether the motion has been fully briefed and is ready for resolution no later than four weeks prior to the date of the Markman hearing (amended from six weeks in the prior ...
Judge Albright has entered a new Standing Order Regarding Joint or Unopposed Request to Change Deadlines.
Any request to extend a deadline or amend a scheduling order will be automatically granted as long as: (1) it is unopposed or agreed; and (2) it does not change any hearing/trial date or any final submission to the Court related to a hearing/trial.
The parties must file this as a Request instead of a Motion.
Standing Order for Discovery Hearings in Patent Cases:
Today, Judge Albright entered a new Standing Order for Discovery Hearings in Patent Cases. No later than 7 days after a discovery hearing, the prevailing party must submit a proposed order briefly summarizing the dispute and the parties' understanding of the Court's ruling. If the parties cannot agree on the language in the proposed order, they may submit respective proposed orders to the Court for resolution.
The Court has noted recently that that many discovery hearings involve the same disputed issues. This new procedure ...
Judge Albright has again confirmed that his first patent jury trial since taking the bench will proceed on October 5. In his latest Divisional Standing Order he reiterated that the Waco Division has "undertaken great efforts to ensure trials can be conducted safely" and is "confident, as things stand today, it can conduct fair trials in a safe manner."
The final pretrial conference for MV3 Partners LLC v. Roku, Inc. took place this week, with jury selection set for October 1 and trial October 5.
This Standing Order was entered in accordance with the WDTX Eighth Supplemental Order on Court ...
Judge Albright has posted a revised Order Governing Proceedings (OGP) for Patent Cases under his Standing Orders. Here are the key changes to be aware of:
Discovery:
Venue and jurisdictional discovery permitted pre-Markman:
The Order previously stayed discovery until after the Markman hearing except for claim construction related discovery or exceptional circumstances. However, Judge Albright routinely permitted parties’ requests to conduct targeted venue and jurisdictional discovery in conjunction with such motions. As a result, these two categories of discovery are ...
It has issued: The Waco Division's Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings (full text of the Order below).
At this uncertain time, we should all be mindful of the Court's desire to accommodate other counsel's and party's situations and remember to be courteous to each other as we all attempt to balance the importance of public health with our clients' needs. And please wash your hands!
The Chief Judge of the Western District of Texas just issued an Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic.
Of note: "All civil and criminal bench and jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge." (See below for entire text of the Order).
It is too early to tell how that will effect the calendar in the months to come, especially given the speedy trial clock attached to criminal trials which will put them at the forefront of the schedule. We will keep you ...
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With over 50 years of combined experience with federal court practice in the Western District, our team boasts former federal clerks and outstanding litigators with unrivaled experience in local federal litigation. Our contributors are all located in the Waco office of Naman, Howell, Smith & Lee. With an office just blocks from the Waco courthouse, we have our finger on the pulse of the emerging patent litigation practice in the Waco Division of the Western District, and we want to share that expertise with you.