Northern district of texas local patent rules

Category Archives: Local Rules

Amendment to Local Rules

Effective September 3, 2019, the Local Rules were amended (see Special Order No. 2-89, available here). The Court repealed L.R. 5.1 (specifying that the delivery of the notice of electronic filing constitutes service on each party who is a registered … Continue reading →

Posted in Local Rules |

Differences Between the Northern District of Texas’ and the Eastern District of Texas’ Patent Rules

With more patent cases being filed in the Northern District of Texas (given the Supreme Court’s recent TC Heartland venue ruling), it’s probably a good time to refresh practitioners’ recollections as to the differences between the Northern District of Texas’ … Continue reading →

Posted in Local Rules, N.D. Tex. Patent Rules |

Make Sure to Follow The Local Rules Or Risk Having Your Motion Denied

I recently came across an interesting Order from Senior Judge Sam Cummings in Medshare Technologies, Inc. v. Commonwealth Capital Corp. (available here). Defendants filed a Motion to Strike, for More Definite Statement, and Motion to Dismiss for Failure to State … Continue reading →

New Local Rules To Become Effective September 1, 2016

On June 7, 2016, the Northern District of Texas entered Special Order No. 2-87 (available here), which amends Local Rule 5.4 and adopts Local Rule 7.5. The amended Local Rule 5.4 provides that “[a] prisoner application, motion, or petition filed under 28 … Continue reading →

Posted in Local Rules |

New Local Rules In Effect

Effective September 2, 2014, the Northern District of Texas’ Local Rules were amended. The latest copy of the rules is located here. I previously discussed the changes to be made to the rules here. The Court also sent an e-mail … Continue reading →

Posted in Local Rules |

Northern District of Texas to Adopt Amendments to Local Rules

On March 3, 2014, the judges of the Northern District of Texas adopted Special Order No. 2-82, which provides for certain amendments to the Local Rules. With respect to the Local Civil Rules, the amendments will revise LR 15.1(b) and … Continue reading →

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Northern District of Texas Updates Local Rules Dealing With Local Counsel Today

Today, revisions to the Local Rules went into effect. (Revisions available here).  Specifically, the revisions affect LR 83.10, dealing with the requirement to obtain local counsel.  The new amendment generally requires local counsel in all cases where an attorney appearing in … Continue reading →

Posted in Local Rules |

What To Look For When Selecting Local Counsel

We act as local counsel in the Northern District of Texas and often use local counsel for our cases that are pending outside of Texas.  Here are some things we think you should look for when selecting local counsel. Knowledge … Continue reading →

Local Rules To Be Amended Effective September 4, 2012

The Judges of the Northern District of Texas have adopted new amendments to the Local Rules (available here).  Specifically, the revisions affect LR 83.10, dealing with the requirement to obtain local counsel.  The new amendment generally requires local counsel in … Continue reading →

Does the Northern District of Texas have Patent Rules?

Yes.  Although not found in the Northern District of Texas’ Local Rules, the Northern District of Texas does have a set of patent rules.  They are found in Amended Miscellaneous Order No. 62, which is located here.

Posted in FAQs, Local Rules |

In patent infringement cases, managing a case per local rules (Amended Miscellaneous Order No. 62) and corresponding time frames are important to a successful resolution. Our Texas Patent Rules Northern District diagram illustrates the information needed for cases filed in Texas' Northern District. For your convenience, a complementary NDTX Patent Rules checklist is also provided. If you have questions, please feel free to contact Darin Klemchuk directly or, visit our patent litigation practice or patent local counsel representation pages for additional information on our patent infringement-related services.

Please note this blog summarizes the pre-October 2019 update to the local patent rules (Amended Miscellaneous Order No. 62). For the most current version of the NDTX Local Patent Rules along with an updated diagram and downloadable checklist see this post.

Texas Patent Rules Northern District (NDTX): Local Patent Rules Diagram (Download PDF) [click graphic to enlarge]

NDTX: Local Patent Rules Summary

Local Patent Rules 2-1 -- Conference & Initial Case Management Statement is due before Rule 16(b) Scheduling Conference a Case Management Statement addressing the matters required by FRCP 26(f) and the locally required matters.

Local Patent Rules 2-6 -- Discovery Disputes enlarges the obligations under L.R. 7.1 in subsection (a) by requiring lead counsel for each affected party to confer before filing a motion to narrow or completely resolve issues, clearly identify their positions, and clearly identify the legal and factual support and subsection (b) by requiring a response within seven days from the date of the motion and a reply brief within three days.

Local Patent Rules 3-1 & 3-2 -- Disclosure of Asserted Claims, Preliminary Infringement Contentions, & Document Production Accompanying Disclosure are due within 7 days before the Initial Case Management Conference.

Local Patent Rules 3-3 & 3-4-- Preliminary Invalidity Contentions & Document Production Accompanying Preliminary Invalidity Contentions are due within 45 days from the date the party claiming patent infringement serves the Disclosure of Asserted Claims and Preliminary Infringement Contentions.

Local Patent Rule 3-5 -- Disclosure Requirements in Patent Cases for Declaratory Judgment differs from the obligations under L.P.R. 3-1 & 3-2, if the defendant does not assert a patent infringement claim, by requiring that the preliminary invalidity contentions under L.P.R. 3-3 are due either 14 days after an answer or 7 days before the Initial Case Management Conference—whichever is later.

Local Patent Rule 4-1 -- Exchange of Proposed Terms & Claim Elements for Construction are due within 14 days after service of Preliminary Invalidity Contentions.

Local Patent Rule 4-2 -- Exchange of Preliminary Claim Constructions & Extrinsic Evidence are due within 21 days from Exchange of Proposed Terms.

Local Patent Rule 4-3 -- Joint Claim Construction & Prehearing Statement is due within 60 days after service of Preliminary Invalidity Contentions and Expert Disclosures supporting positions.

Local Patent Rule 4-4 -- Claim Construction Discovery must be completed within 30 days from the date of the Joint Claim Construction & Prehearing Statement is filed.

Local Patent Rule 4-5(a) -- Opening Claim Constructions Briefs & Supporting Evidence are due within 45 days from the date the Joint Claim Construction & Prehearing Statement is filed.

Local Patent Rule 4-5(b) -- Responsive Briefs & Supporting Evidence are due within 14 days from the date the Opening Claim Construction Briefs are filed.

Local Patent Rule 4-5(c) -- Reply Briefs are due within 14 days from the date the Opening Claim Construction Briefs are filed.

Local Patent Rule 4-5(d) -- Joint Claim Construction Chart on Computer Disk is due within 10 days of the Claim Construction Hearing.

Local Patent Rule 4-6 -- Claim Construction Hearing may be set within 2 weeks after the Claim Constriction Responsive Briefs are filed, subject to the Court's calendar.

Local Patent Rule 3-6(a) -- Plaintiff's Final Infringement Contentions are due within 30 days of the Claim Construction Ruling.

Local Patent Rule 3-6(b) -- Defendant's Final Invalidity Contentions are due within 50 days of the Claim Construction Ruling.

Checklist of Texas Patent Rules Northern District

Additional Texas Patent Rules Resources

• Access the NDTX Local Patent Rules (2nd Amended Miscellaneous Order No. 62) on our website or directly from the Court through this link.

• Interested in the EDTX Texas Patent Rules? See our post on Texas Patent Rules Eastern District for a similar diagram and summary of its local rules.

• Interested in the SDTX Texas Patent Rules? See our post on Texas Patent Rules Southern District for a similar diagram and summary of its local rules.

• Interested in WDTX Texas Local Patent Rules? See our post on Texas Patent Rules Western District.

See our Local Counsel Texas page for additional information about our Local Counsel practice and the admission requirements of federal courts in Texas.

For a redlined copy of the differences between the previous version of the Northern District of Texas Local Patent Rules and the new version that went into effect on October 1, 2019 (2nd Amended Miscellaneous Order No. 62), read Northern District of Texas Adopts Amended Local Patent Rules Effective October 1, 2019. Practitioner tips for the major changes in the new NDTX patent rules are discussed in 7 Changes to the Northern District of Texas (TXND) Local Patent Rules.