Judge Albright’s Newest Standing Order – Action Required!
Today the Court released a new standing order entitled “Standing Order Regarding Motion For Interdistrict Transfer.” The Order states that all parties who have filed a motion for inter-district transfer are required to provide the Court with a status report, which is to inform the Court whether the motion is fully briefed and ready for resolution, no later than six weeks prior to the date of the Markman hearing.
Furthermore, for parties who have such motions pending at the time of the entry of this Order and a Markman hearing is scheduled less than six weeks from the entry of this Order, the party who filed the motion must file a status report no later than five business days after the entry of this Order.
Here is the most interesting revelation: the Court will either resolve the inter-district transfer motion before the Markman hearing, or postpone the Markman hearing until the Court has ruled on the motion to transfer.
Finally, for those procrastinators out there: “[a] motion to transfer may be filed within eight weeks of the scheduled date for the Markman hearing only with a showing of good cause for any delay and leave of Court.” (emphasis added). The order does not address intra-district motions to transfer venue.Like (1)