Updates to the Court’s OGP
On September 16, 2022, the Court updated its Standing Order Governing Proceedings (OGP) 4.2 — Patent Cases.
Here are the highlights:
New Contact Information
The Court updated its email addresses for the Court’s law clerks:
Email address for both Judge Albright’s and Judge Gilliland’s law clerks:
Email address for only Judge Albright’s law clerks:
Email address for only Judge Gilliland’s law clerks
The Court updated its Standing Referral so that discovery disputes in patent cases pending before the Judge Albright are referred to Judge Gilliland.
Regarding the summary of the discovery dispute issue to the Court’s law clerk, the court updated its procedure so that the responding party has three business days (which exclude weekends and federal holidays) to provide an email response.
Regarding the written order, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’:
- Positions from their dispute chart;
- Requested relief; and
- Understanding of the Court’s ruling so that the arguments and outcome can be docketed.
The Court now states that the failure to provide a proposed written order for the docket results in waiver of the dispute for appeal.
Reply Brief Page Limits
The Court updated the requirements on the cumulative pages of reply briefs to not exceed 20 pages per side for all motions for summary judgment, 20 pages per side for all Daubert motions, and 10 pages for all motions in limine.
Markman Briefs, Summary Judgment Motions, and Daubert Motions:
In addition to jointly delivering to Chambers one double-sided paper copy of the Opening, Response, and Reply briefs (omitting attachments) at least 10 days before the hearing, the Court now requires the parties to also jointly contact the Court’s law clerk for a Box link to provide an electronic copy of the briefs, exhibits, and the optional technological tutorial.
The Court can no longer receive USB drives, but technical advisors may still receive USB drives.
The Court updated the requirements that if the Court appoints a technical advisor for claim construction, the parties should not provide a copy of the Markman briefs to the Court. If the Court appoints a technical advisor, each party shall deliver one paper copy of all patents-in suit and an editable copy of the Joint Claim construction Statement to the technical advisor on a USB drive 10 days before the hearing.
The Court defined “Daubert motions” to include “any motion filed after opening expert reports that seeks to strike or preclude the use of any part of an expert report for any reason, including procedural reasons.”
The Court updated the requirements for citing cases or exhibits in a motion. Specifically, “[w]hen citing cases or exhibits in a motion, parties shall pin cite the relied-upon section of a case or exhibit. The Court encourages parties to highlight and/or annotate the relied-upon sections of exhibits (e.g., patents, transcripts, contracts) to facilitate the Court’s analysis of the motion. A supporting declaration should identify if an any [sic] exhibit is highlighted or annotated.”
Joint Claim Construction and Proposed Orders
The Court now requires that when filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
The Court updated the requirements for proposed orders. For all non-dispositive motions, the parties shall submit a proposed Order, which shall omit the word “proposed” from the title.
Updated Zoom Links
Unless the Court indicates otherwise, the following Zoom information shall be used for all non-private hearings. The public is allowed to attend non-private hearings. Any party who intends to present confidential information shall email the Court’s law clerk to request a private Zoom setup.
Hearings before Judge Albright: https://txwduscourts.zoomgov.com/j/1613131172?pwd=ek9WOFZLeHZXalNYVmFOdkJabDJoQT09 Meeting ID: 161 313 1172 Passcode: 167817 One tap mobile: +16692545252,,1613131172#,,,,*167817
Hearings before Judge Gilliland: https://txwduscourts.zoomgov.com/j/1610427634?pwd=V2RpaERVTkdySGI4b2F6cTZGSWRiZz09 Meeting ID: 161 042 7634 Passcode: 098663 One tap mobile +16692545252,,1610427634#,,,,*098663
The Court requires parties to promptly notify the Court if they reach a settlement in a case and request to stay any deadlines.
When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case for the Notice of Related Cases, cases shall be considered “related” when they meet both criteria:
- The cases are actively pending in the federal court; and
- The cases share at least one common asserted patent.
The Notice of Related cases shall indicate the case caption, case number, and presiding Judge of any related case.