NDTX: Local Patent Rules Summary
Local Patent Rule 2-1(a) — 26(f) Conference
Local Patent Rule 2-1(d) — Joint Case Management Statement is at lease 7 days before each case management conference.
Local Patent Rules 3-1(a), 3-2(a) — Disclosure of asserted claims and Preliminary Infringement Contentions and Document Production per 3-2(a) 7 Days before Initial Case Management Conference.
Local Patent Rule 2-1(b) — Initial Case Management Conference after parties File Case Management Statement (judge will schedule Initial Case Management Conference).
Local Patent Rule 3-3(a) — (Party opposing claim) Preliminary Invalidity Contentions must be served 45 Days after 3-1(a) Disclosures.
Local Patent Rules 3-4(a),(b) — (Party opposing claim) Must produce Source Code and Prior Art (with English translations if foreign) within 45 Days after 3-1(a) Disclosures.
Local Patent Rule 4-1(a) — Each party must exchange a List of claim terms, phrases, etc. that should be construed by Judge, and claim elements that should be governed by 35 USC § 112(f) within 14 Days after service of Preliminary Invalidity Contentions.
Local Patent Rule 3-7(a)(1) — Amended Infringement Contentions for software limitations within 30 Days after receipt of Amended Infringement Contentions.
Local Patent Rule 3-7(a)(2) — Supplemental Invalidity Contentions within 30 Days after receipt of Amended Infringement Contentions.
Local Patent Rule 4-1(b) — Parties must confer “after exchanging this list”.
Local Patent Rule 4-2(a) — Parties must simultaneously exchange preliminary proposed Claim Constructions within 21 Days after exchanging List.
Local Patent Rule 4-2(b) — Preliminary identification of extrinsic evidence within 21 Days after exchanging List.
Local Patent Rule 4-2(c) — Meet & Confer “thereafter.”
Local Patent Rule 4-3(a) — Joint Construction And Prehearing Statement within 7 Days after service of Preliminary Claim Construction.
Local Patent Rule 4-3(b) — Expert Testimony Disclosures within 7 Days after service of Preliminary Claim Construction.
Local Patent Rule 4-4 — Parties must complete all discovery related to Claim Construction within 30 Days after Joint Construction And Prehearing Statement is filed.
Local Patent Rule 4-5(a) — Claim Construction Briefs within 45 Days after Joint construction and prehearing statement is filed.
Local Patent Rule 4-5(b) — Responsive Brief and supporting evidence within 14 Days after Claim Construction Briefs.
Local Patent Rule 4-5(c) — Reply Brief within 7 Days after Response to Claim Construction Brief.
Local Patent Rule 4-6 — Claim Construction Hearing within 2 Weeks after Response brief (subject to convenience of Judge’s calendar).
Local Patent Rule 4-5(d) — Joint Claim Construction Chart within 10 Days after Claim Construction Hearing.
Local Patent Rule 3-6(a) — Final Infringement Contentions (without leave of court) within 30 Days after Claim construction ruling is filed.
Local Patent Rule 3-6(a) — Final invalidity Contentions (without leave of court) within 50 Days after Claim construction ruling is filed.
Checklist of Texas Patent Rules Northern District
Additional Texas Patent Rules Resources
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.
