Pre-2019 Update: Texas Patent Rules Northern District: Diagram & Checklist
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]
Texas Patent Rules Northern District
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.
Questions about Patent Cases in the Northern District of Texas?