Attention to detail – and understanding local rules and each rule’s corresponding time frame – is important to properly managing patent infringement cases. If you are managing a patent infringement case filed in East Texas, our Eastern District Texas Patent Rules diagram illustrates specific local rules and associated deadlines involved. A free EDTX Local Patent Rules Checklist is also provided to help guide your case management. If you would like further information, please see our patent litigation or local counsel representation pages. Or, feel free to contact Darin Klemchuk directly with any questions.
Eastern District Texas Patent Rules (EDTX): Local Rules Diagram (download PDF)
[click graphic to enlarge]
EDTX Local Patent Rules Summary:
Local Patent Rules 3-1 & 3-2 — Disclosure of Asserted Claims, Infringement Contentions, & Document Production Accompanying Disclosure is due no later than 10 days before the Initial Case Management Conference.
Initial Case Management Conference
Local Patent Rules 3-3 & 3-4 — Invalidity Contentions & Document Production Accompanying Invalidity Contentions are due within 45 days from the date the party claiming patent infringement serves the Disclosure of Asserted Claims and Infringement Contentions.
Local Patent Rule 4-1 — Exchange of Proposed Terms & Claim Elements for Construction are due within 10 days after service of the Invalidity Contentions.
Local Patent Rule 4-2 —Exchange of Preliminary Claim Constructions & Extrinsic Evidence are due within 20 days after Exchange of Proposed Terms.
Local Patent Rule 4-3 — Joint Claim Construction & Prehearing Statement is due within 60 days after service of Invalidity Contentions.
Local Patent Rule 4-4 — Completion of Claim Construction Discovery is due within 30 days from the date the Joint Claim Construction and Prehearing Statement is filed.
Local Patent Rule 4-5 — Opening Claim Construction Briefs by Party Claiming Infringement are due within 45 days from the date the Joint Claim Construction and Prehearing Statement is filed.
Local Patent Rule 4-5 — Responsive Briefs and Supporting Evidence by Opposing Party are due within 14 days from the opposing party’s Opening Claim Construction Brief is filed.
Local Patent Rule 4-5 — Reply Brief by Party Claiming Infringement is due 7 days after the Responsive Brief is filed.
Local Patent Rule 4-5 — Joint Claim Construction Chart 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 Reply Brief is filed, subject to the Court’s calendar.
Local Patent Rule 3-6 — Plaintiff’s Amended Infringement Contentions are due within 30 days of the Claim Construction Ruling.
Local Patent Rule 3-6 — Defendant’s Amended Invalidity Contentions are due within 50 days of the Claim Construction Ruling.
Eastern District Texas Patent Rules Checklist
Additional Texas Patent Rules Resources
- Access the EDTX Local Patent Rules on our website or directly from the Court through this link.
- Interested in the NDTX Texas Patent Rules? See our post on Texas Patent Rules Northern District for a similar diagram and summary of its local rules.
See our Local Counsel Texas page for additional information about our Local Counsel practice and the admission requirements of federal courts in Texas.
Klemchuk LLP is an Intellectual Property Law, Litigation, and Transactions law firm located in Dallas, Texas. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. The firm publishes the following blogs: Intellectual Property Law, Conversations with Innovators (interviews with thought leaders), Leaders in Law (discussions on timely law topics), and Culture Counts (thoughts on law firm culture and the business of the practice of law).
Also published on Medium.