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 submit a Case Readiness Status Report prior to the initial CMC (see previous post HERE). At the CMC, the parties should be prepared to discuss any pre-Markman issues raised in the joint Case Readiness Status Report.
Default Pre-Markman Discovery Limits:
The parties must still request leave to conduct pre-Markman discovery, which the Court usually grants. These are the default limits:
- Interrogatories: 5 per party
- RFPs: 5 per party
- Fact depositions: 4 hours for a 30(b)(6) witness per party
If a party provides multiple declarations in its briefing, the Court will allow the other side limited additional discovery.
Limited Number of Terms:
The Court has decreased the default number of claim terms to be construed per patent:
The Court has done away with simultaneous claim construction briefing. The page limits remain the same, with the addition of a Sur-Reply brief:
Appendix A - Default Schedule has been updated accordingly to account for the Markman briefing changes:
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