In patent infringement cases, managing a case per local rules and corresponding time frames is 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, free 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.
Texas Patent Rules Northern District (NDTX): Local Patent Rules Diagram (Download PDF)
[click graphic to enlarge]
NDTX: Local Patent Rules Summary
Initial Case Management Conference — The parties must file a Case Management Statement addressing the matters covered in FRCP 26 at least 21 days before Rule 16(b) Scheduling Conference.
Local Patent Rules 3-1 & 3-2 — Disclosure of Asserted Claims, Preliminary Infringement Contentions, & Document Production Accompanying Disclosure are due within 14 days after 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 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.
Local Patent Rule 4-4 — Completion of Claim Construction Discovery is due within 30 days from the date of the Joint Claim Construction & Prehearing Statement is filed.
Local Patent Rule 4-5 — 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 — Responsive Briefs & Supporting Evidence are due within 14 days from the date the Opening Claim Construction Briefs are filed.
Local Patent Rule 4-5 — 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 — Plaintiff’s Final Infringement Contentions are due within 30 days of the Claim Construction Ruling.
Local Patent Rule 3-6 — 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 (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.
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.