Texas Patent Rules Southern District: Local Patent Rules & Checklist

In patent infringement cases, managing a case per local rules and corresponding time frames is important to a successful resolution. Our Texas Patent Rules Southern District checklist illustrates the information needed for cases filed in Texas' Southern District. For your convenience, free SDTX 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.

SDTX: Local Patent Rules Summary

Initial Case Management Conference: After considering the parties’ Joint Case Management Report, the presiding judge will enter a Case Management Scheduling Order (“Scheduling Order”) setting out deadlines for the actions below.

Local Patent Rules 3-1 & 3-2 — Disclosure of Asserted Claims and Preliminary Infringement Contentions, & Document Production Accompanying Disclosure.

Local Patent Rules 3-3 & 3-4 — Preliminary Invalidity Contentions& Document Production Accompanying Invalidity Contentions.

Local Patent Rule 3.5 (Does not apply to cases in which a request for a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable is filed in response to a complaint alleging infringement of the same patent.) — Preliminary Invalidity Contentions.

Local Patent Rule 3.8 — Opinion of Counsel Defense Production & Privilege Log.

Local Patent Rule 4-1 — Exchange of Proposed Terms & Claim Elements for Construction.

Local Patent Rule 4-2 — Exchange of Preliminary Claim Constructions& Extrinsic Evidence followed by meet and confer.

Local Patent Rule 4-3 —Joint Claim Construction & Prehearing Statement.

Local Patent Rule 4-4 — Completion of Claim Construction Discovery.

Local Patent Rule 4-5 — Opening Claim Construction Briefs & Charts by Party Claiming Infringement.

Local Patent Rule 4-5 — Responsive Briefs and Supporting Evidence by Opposing Party.

Local Patent Rule 4-5 — Reply Brief by Party Claiming.

Local Patent Rule 4-5 —Joint Claim Construction Chart.

Local Patent Rule 4-6 — Claim Construction Hearing.

Local Patent Rule 3-6 & 3-7 —Amended Infringement Contentions& Amended Invalidity Contentions without leave of court are due within “a reasonable time after the opposing party’s document production.” Otherwise, amendment is only allowed by the court upon a finding of good cause.

Checklist of Texas Patent Rules Southern 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.

patent-litigation-sdtx.jpg

Question about a Patent Case in the Southern District of Texas?


Sign up for and explore our content and thought leadership here.


About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).