Northern District of Texas Adopts Amended Local Patent Rules Effective October 1, 2019


NDTX Adopts Amended Local Patent Rules (2nd Amended Miscellaneous Order No. 62)

Text of Amended Miscellaneous Order No. 62 a/k/a Local Patent Rules of the Northern District of Texas

Click below to download the files for Amended Miscellaneous Order No. 62:

Second Amended Miscellaneous Order No. 62 (NDTX Local Patent Rules)

NDTX Local Patent Rules Model Protective Order

NDTX Model Confidentiality Agreement for Experts, Consultants, and Employees

NDTX Model Confidentiality Agreement for Third-Party Vendors

NDTX Local Patent Rules Model Order Focusing Patent Claims and Prior Art

NDTX Local Patent Rules Model Order Regarding E-Discovery in Patent Cases

A copy is available on the Court’s website at this link

When Do the Amended Patent Rules Take Effect?

The Northern District of Texas Chief Judge Barbara M.G. Lynn entered Second Amended Miscellaneous Order No. 62, which amends the Court’s previous local patent rules. According to the Order, the Amended Rules “will take effect on October 1, 2019, and will apply to any Dallas division patent case filed on or after that date. It will also apply to any pending Dallas division patent case in which, on the date this Order takes effect, more than 9 days remain before the initial disclosures of asserted claims and preliminary infringement contentions required by paragraph 3-1 is due.”

What are the Major Revisions to the NDTX Local Patent Rules?

The major revisions include the following: 

  • 2-1(a) — Revisions to the FRCP 26(f) conference and case management statement, including inclusion of a proposed e-discovery order and order focusing patent claims and prior art

  • 2-1(b) — Revisions to the Initial Case Management Conference, including mandatory requirement of lead counsel and possibly other counsel to attend in person

  • 2-1(c) — Allowing for additional Case Management Conferences depending on the circumstances

  • 2-1(d) — Joint Case Management Conference Statement due at least 7 days before case management conference

  • 2-1(e) — Inclusion of Model Protective Order, Model Order Regarding E-Discovery in Patent Cases, and Model Order Focusing Patent Claims and Prior Art

  • 2-6 — Expedited discovery dispute process and additional conference requirements

  • 3-1(a) — Change in timing for disclosure of infringement contentions

  • 3-3(a)(5) — Requirement to identify any asserted claim that is directed to ineligible subject matter under 35 U.S.C. § 101

  • 3-7(a) — New procedure for amending patent infringement contentions after production of source code

  • 4-3 — Modifications to the Join Claim Construction and Prehearing Statement

Click to download an unofficial redline comparison of the Second Amended NDTX Local Patent Rules to the previous version.

We will update our NDTX Local Patent Rules Diagram to incorporate the rule changes.

For more insights on patent infringement litigation, see our Intellectual Property Litigation Overview and our Patent Litigation Local Counsel pages.

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