EASTERN DISTRICT OF TEXAS KEY PATENT LITIGATION DEADLINES THROUGH MARKMAN HEARING

PLAINTIFF

• Initial Disclosures
  • This deadline is often set by separate order once the defendant(s) have answered, and the Court sets the date for the Initial Case Management Conference after the initial disclosures are made. Note that the information required for disclosure may vary from Fed. R. Civ. P. 26.
•  Preliminary Infringement Contentions (P.R. 3-1)
  • The Local Patent Rules provide for a deadline of 10 days prior to the Initial Case Management Conference. [This deadline can be varied by the Docket Control Order by a specific judge.]
• Accompanying Infringement Document Production (P.R. 3-2)
  • Same as above.
• Exchange of Terms for Claim Construction (P.R. 4-1)
  • 10 days after Invalidity Contentions
    [This deadline can be varied by the Docket Control Order by a specific judge.]
• Exchange of Preliminary Claim Constructions and Extrinsic Evidence (P.R. 4-2)
  • 20 days after P.R. 4-1 disclosures.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

• Joint Claim Construction and Prehearing Statement (P.R. 4-3)
  • 60 days after service of Invalidity Contentions.
    [This deadline can be varied by the Docket Control Order by a specific judge.]
• Completion of Claim Construction Discovery (P.R. 4-4)
  • 30 days after P.R. 4-3 disclosure.
  • [This deadline can be varied by the Docket Control Order by a specific judge.]
• Opening Claim Construction Brief (P.R. 4-5)
  • 45 days after P.R. 4-3 disclosure.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

• Response Claim Construction Brief (P.R. 4-5)
  • 14 days after Opening Claim Construction Brief.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

• Reply Claim Construction Brief (P.R. 4-5)
  • 7 days after Defendant [s] Response Brief.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

DEFENDANT

• Initial Disclosures
  • This deadline is often set by separate order once the defendant(s) have answered, and the Court sets the date for the Initial Case Management Conference shortly after the deadline for initial disclosures. Note that the information required for disclosure may vary from Fed. R. Civ. P. 26.
•  Preliminary Invalidity Contentions (P.R. 3-3)
  • 35 days after Initial Case Management Conference.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

• Accompanying Document Production for Invalidity Contentions (P.R. 3-4)
  • Same as above.

• Subject Matter Eligibility Contentions
  • Certain judges require separate section 101 eligibility contentions not specified in the Local Patent Rules.
• Advice of Counsel Defense (P.R. 3-7)
  • The Docket Control Order will set a deadline for a Defendant to produce opinions for which the attorney-client privilege is waived and related document production and privilege log.
• Exchange of Terms for Claim Construction (P.R. 4-1)
  • 10 days after Invalidity Contentions
    [This deadline can be varied by the Docket Control Order by a specific judge.]
•  Exchange of Preliminary Claim Constructions and Extrinsic Evidence (P.R. 4-2)
  • 20 days after P.R. 4-1 disclosures.
    [This deadline can be varied by the Docket Control Order by a specific judge.]

• Joint Claim Construction and Prehearing Statement (P.R. 4-3)
  • 60 days after service of Invalidity Contentions
    [This deadline can be varied by the Docket Control Order by a specific judge.]
• Completion of Claim Construction Discovery (P.R. 4-4)
  • 30 days after P.R. 4-3 disclosure.
• Responsive Claim Construction Brief (P.R. 4-5)
  • 14 days after service of Opening Brief.
    [This deadline can be varied by the Docket Control Order by a specific judge.]