With the exception of discovery necessary for claim construction, the default patent scheduling order in Waco stays all other discovery until after the Markman hearing. This seems to offer protection against costly discovery on the front-end, until a crucial and determinative point is reached in the case: claim construction.
However, for those parties worried that this process could delay proceedings, pre-Markman discovery is permitted by agreement of the parties or by request, when the circumstances demonstrate the necessity. There are also other safeguards in place to ...
The past year and a half has been filled with speculation as to whether Waco would become the next Marshall, or whether the hype would die down and people would only remember the town for Fixer Upper.
Now that Waco has actually established itself as a patent litigation hotbed, it is important to see what makes the Waco Division unique when trying a patent case. Specific areas of these rules, practices, and procedures will be examined in greater detail in future posts, but here are some of the highlights:
Local Rules and Standing Orders:
A quick Ctrl+F in the Local Court Rules of the Western ...
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.
- WDTX - Amended Order Assigning the Business of the Court - 12/16/22
- New WDTX Order Begins Assigning Patent Cases Filed in Waco to Judges Throughout the Western District...What Next?
- Revised Order Governing Proceedings - OGP 3.5.1
- New Order re Filing Documents Under Seal and Redacted Public Versions
- New Order Governing Proceedings - Patent Cases - OGP Version 3.5
- Live Audio Feed for Jury Trial - Profectus Technology LLC v Google LLC
- 2nd Amended Standing Order Re Motions for Inter-District Transfer
- New Standing Order Re Joint/Unopposed Requests
- New Order Governing Proceedings - Patent Cases - Version 3.4
- Judge Albright's New Standing Orders