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Posts from November 2020.

Judge Albright has now entered his latest version of the Order Governing Proceedings – Patent Case: Version 3.2.  This is an update from Version 3.1, posted September 22.  The two most significant changes are what we anticipated, as explained in our last post: (1) non-simultaneous claim construction briefing; and (2) default limits on pre-Markman discovery.  Here is a more comprehensive look at the key changes from the previous OGP version:

Case Management Conference:  

Since OGP Version 3.1, the Court entered a Standing Order Regarding Notice of Readiness requiring the parties to ...

Judge Albright's newest Order Governing Proceedings for Patent Cases (version 3.2) changes Markman briefing procedure from simultaneous to non-simultaneous briefing and includes corresponding changes to the default schedule.  For pending cases with a scheduling order under an older OGP version, there may be some confusion as to whether briefing is governed by the currently-entered scheduling order (requiring simultaneous briefing) or the new OGP Version 3.2 (requiring non-simultaneous briefing).

For pending cases potentially affected by this change, Judge Albright ...

An updated Order Governing Proceedings in Patent Cases (OGP Version 3.2) is set to be released shortly in the Waco Division. Expect two main changes: (1) non-simultaneous claim construction briefing; and (2) default limits on pre-Markman discovery. As always, when the final version is released, we will provide a more comprehensive breakdown of the changes.

Non-Simultaneous Claim Construction Briefing: For better or for worse, the Court has done away with simultaneous claim construction briefing! Many attorneys have a love/hate relationship with this practice so this marks a ...


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.

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