Judge Alan D Albright
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Usb Drive • 10 Days Before Hearing
Exhibits
- Upon request
Joint Claim Construction Statement
- 1 copy • Email • Upon Filing
Markman Brief, Summary Judgment Motion, Daubert Motion
- 0 copies • Upon Filing
Adjournments
- For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.
- Complaint response extensions up to 45 days are generally allowed by party agreement, while extensions beyond 45 days are disfavored and require a motion.
- Trial dates will be continued only in extreme situations, and parties must contact the Court’s law clerk to seek a continuance.
- +8 more
Request must include
- Response to discovery dispute summary due in 3 business days
- Plaintiff response due 2 weeks after venue discovery completion; defendant reply due 2 weeks after response.
Communication
Chambers6 contacts
- txwdml_lawclerks_wa_judgealbright&gilliland@txwd.uscourts.gov
- txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov
- txwdml_nojudge_chambers_wa_judgegilliland@txwd.uscourts.gov
- txwd_hightoweradadiscovery@txwd.uscourts.gov
- txwd_howelladadiscovery@txwd.uscourts.gov
- txwd_laneadadiscovery@txwd.uscourts.gov
Clerk3 contacts
- txwdwacodistrictclerksoffice@txwd.uscourts.gov
- txwdml_lawclerks_judgealbright@txwd.uscourts.gov
- txwdaustindistrictclerksoffice@txwd.uscourts.gov
Page & Word Limits30 rules
Machine summary. Not checked yet.Mandatory?
Interrogatories: 30 per side
Summary: 30 interrogatories per side allowed
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Expert Depositions: 7 hours per report
Summary: 7 hours of expert deposition per report allowed
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Requests for Production: 75 per side
Summary: 75 requests for production per side allowed
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Requests for Admission: 45 per side
Summary: 45 requests for admission per side allowed
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Fact Depositions: 70 hours per side (for both party and non-party witnesses combined)
Summary: 70 hours of fact depositions per side allowed
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues. The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Summary: Summary and response limited to 500 words per issue (1,000 for multiple), response due in 3 business days
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
If the parties remain at an impasse after lead counsel have met and conferred, the requesting party shall email a summary of the issue(s) and specific relief requested to all counsel of record. The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Summary: The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.
Single Issue Summary
500 words
Multiple Issue Summary
1,000 words
Machine summary. Not checked yet.Mandatory?
The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Summary: The responding party’s discovery-dispute email response is limited to 500 words for one issue or 1,000 words combined for multiple issues.
Single Issue Response
500 words
Multiple Issue Response
1,000 words
Machine summary. Not checked yet.Mandatory?
1. Opening – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief 3. Reply – 5 pages, due 14 days after the Response brief
Summary: Transfer-motion briefing is limited to 15 pages for opening, 15 pages for response, and 5 pages for reply.
Opening Brief
15 pages
Response Brief
15 pages
Reply Brief
5 pages
Machine summary. Not checked yet.Mandatory?
Response 20 pages 30 pages 30 pages, plus 5 (Plaintiff) additional pages for each patent over 5 up to a maximum of 45 pages
Summary: Response Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.
Response Brief 1 2 Patents
20 pages
Response Brief 3 5 Patents
30 pages
Response Brief More Than 5 Patents Base
30 pages
Response Brief More Than 5 Patents Increment Per Patent Over 5
5 pages
Response Brief More Than 5 Patents Max
45 pages
Machine summary. Not checked yet.Mandatory?
Sur-Reply 10 pages 15 pages 15 pages, plus 2 (Plaintiff) additional pages for each patent over 5 up to a maximum of 21 pages
Summary: Sur-reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.
Sur Reply 1 2 Patents
10 pages
Sur Reply 3 5 Patents
15 pages
Sur Reply More Than 5 Patents Base
15 pages
Sur Reply More Than 5 Patents Increment Per Patent Over 5
2 pages
Sur Reply More Than 5 Patents Max
21 pages
Machine summary. Not checked yet.Mandatory?
Reply 10 pages 15 pages 15 pages, plus 2 (Defendant) additional pages for each patent over 5 up to a maximum of 21 pages
Summary: Reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.
Reply Brief 1 2 Patents
10 pages
Reply Brief 3 5 Patents
15 pages
Reply Brief More Than 5 Patents Base
15 pages
Reply Brief More Than 5 Patents Increment Per Patent Over 5
2 pages
Reply Brief More Than 5 Patents Max
21 pages
Machine summary. Not checked yet.Mandatory?
Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages
Summary: Opening Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.
Opening Brief 1 2 Patents
20 pages
Opening Brief 3 5 Patents
30 pages
Opening Brief More Than 5 Patents Base
30 pages
Opening Brief More Than 5 Patents Increment Per Patent Over 5
5 pages
Opening Brief More Than 5 Patents Max
45 pages
Machine summary. Not checked yet.Mandatory?
Reply brief page limits shall be governed by the local rules, but in no event shall the cumulative pages of reply briefs exceed 20 pages per side for all MSJs, 20 pages per side for all Daubert motions, and 10 pages for all MILs.
Summary: Reply briefs follow local rules but cumulative caps are 20 pages per side for MSJs, 20 per side for Daubert motions, and 10 for MILs.
Msj Reply Brief Cumulative Per Side
20 pages
Daubert Reply Brief Cumulative Per Side
20 pages
Mil Reply Brief Cumulative
10 pages
Machine summary. Not checked yet.Mandatory?
However, absent leave of Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side, for all Daubert motions is 40 pages per side, and for all MILs is 15 pages per side.
Summary: Without leave of court, cumulative opening-brief page limits are 40 pages per side for MSJs, 40 for Daubert motions, and 15 for MILs.
Msj Opening Brief Cumulative Per Side
40 pages
Daubert Opening Brief Cumulative Per Side
40 pages
Mil Opening Brief Cumulative Per Side
15 pages
Machine summary. Not checked yet.Mandatory?
With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be “case management motions” where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.
Summary: Case-management motions under Local Rule CV-7 are subject to a 10-page limit, including listed examples such as stay, continuance, and amendment motions.
Case Management Motion
10 pages
Machine summary. Not checked yet.Mandatory?
2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief
Summary: Response brief limited to 15 pages, due 14 days after venue discovery or opening brief.
Response Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The presumed limits based on the number of patents-in-suit are as follows: 1-2 Patents 8 terms 3-5 Patents 10 terms More than 5 Patents 12 terms
Summary: Presumed limits on claim terms to be construed based on number of patents
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Brief 1-2 Patents 3-5 Patents More than 5 Patents Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Response 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages Sur-Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages
Summary: Markman briefing page limits based on number of patents
Brief
20 pages
Applies to: Attorney
30 pages
Applies to: Attorney
45 pages
Applies to: Attorney
20 pages
Applies to: Attorney
30 pages
Applies to: Attorney
45 pages
Applies to: Attorney
10 pages
Applies to: Attorney
15 pages
Applies to: Attorney
21 pages
Applies to: Attorney
10 pages
Applies to: Attorney
15 pages
Applies to: Attorney
21 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
1. Opening – 15 pages
Summary: Opening brief limited to 15 pages.
Opening Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be "case management motions" where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.
Summary: Case management motions (stay, continuance, amend pleadings) are subject to 10-page limit under Local Rule CV-7.
Motion
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
3. Reply – 5 pages, due 14 days after the Response brief
Summary: Reply brief limited to 5 pages, due 14 days after response brief.
Reply Brief
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues. The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues. The specific relief requested does not count toward the word limits.
Summary: Discovery dispute summaries and responses limited to 500 words for one issue or 1000 words for multiple issues; specific relief requested excluded from word count.
Discovery Dispute Summary
500 words
Applies to: Attorney
1,000 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The following page limits and briefing schedule apply to motions to transfer: 1. Opening – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief 3. Reply – 5 pages, due 14 days after the Response brief
Summary: Motions to transfer have page limits of 15 pages for opening/response briefs and 5 pages for reply briefs.
Opening Brief
15 pages
Applies to: Attorney
Opposition Brief
15 pages
Applies to: Attorney
Reply Brief
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Opening (Defendant) 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages
Summary: Defendant's opening Markman brief limited to 20 pages (1-2 patents), 30 pages (3-5 patents), 30+5 per patent over 5 up to 45 pages maximum.
Opening Brief
20 pages
Applies to: Attorney
30 pages
Applies to: Attorney
45 pages
Applies to: Attorney
Document Format Requirements40 rules
Machine summary. Not checked yet.Mandatory?
Parties shall send an editable version of the proposed order to the Court’s law clerk with any disputed language in red and blue text.
Summary: Parties must provide an editable proposed order with disputed language shown in red and blue text.
Machine summary. Not checked yet.Mandatory?
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
Summary: When filing specified documents, parties must email the law clerk an editable Word version.
Machine summary. Not checked yet.Mandatory?
Parties shall send an editable version of the proposed instructions to the Court’s law clerk with the disputed language in red and blue text.
Summary: Proposed jury instructions with disputes must be submitted in editable form with disputed text color-coded red and blue.
Machine summary. Not checked yet.Mandatory?
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.
Summary: Pleadings, motions, and submissions must use minimum 12-point font, double spacing, letter-size paper, and one-inch margins, with limited single-spacing exceptions.
Machine summary. Not checked yet.Mandatory?
If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court’s law clerk with the disputed language in red and blue text.
Summary: If proposed order language is disputed, the disputing party must send an editable version to law clerks with red/blue dispute markup.
Machine summary. Not checked yet.Mandatory?
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½" x 11" with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.
Summary: Documents must use 12-point font, double-spacing, 8.5"x11" paper, 1-inch margins, and case style endorsement.
Machine summary. Not checked yet.Mandatory?
Plaintiff’s exhibits shall be marked using yellow labels as “Plaintiff’s Exhibit 1,” et seq., and Defendant’s exhibits shall be marked using blue labels in a similar manner.
Summary: Plaintiff’s exhibits must use yellow labels; Defendant’s exhibits must use blue labels for identification.
Machine summary. Not checked yet.Mandatory?
Counsel shall submit an editable, digital version of exhibit lists, witness lists, and objections in Microsoft Word format and a copy of the exhibits in PDF to the court via email to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
Summary: Digital copies of exhibit lists, witness lists, and objections must be in Microsoft Word format; exhibits must be PDF, submitted via specified email.
Machine summary. Not checked yet.Mandatory?
The Joint Pretrial Order shall be formatted in accordance with the local rules.
Summary: Joint Pretrial Orders must be formatted in compliance with local court rules.
Machine summary. Not checked yet.Mandatory?
The pages within each exhibit shall be consecutively paginated.
Summary: All pages within each exhibit must be consecutively paginated.
Machine summary. Not checked yet.Mandatory?
If joint exhibits are agreed upon, they shall each be identified as such and marked with the case name, case number, and exhibit number as “Joint Exhibit 1,” et seq. If no agreement can be reached, the offering party shall mark his or her own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered.
Summary: Joint exhibits must be marked with case name, number, and exhibit number; non-agreed exhibits use offering party’s name and case details.
Machine summary. Not checked yet.Mandatory?
In addition to the versions of the jury charge that shall be attached to the joint pretrial order and filed and the color-coded disputed charge, counsel shall submit an editable, digital version of the jury charge(s) in Microsoft Word to the court via e-mail to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
Summary: Editable Microsoft Word version of jury charge must be submitted via email to specified address.
DOCX
Machine summary. Not checked yet.Mandatory?
The court expects the parties to resolve their differences concerning the jury charge. If the parties cannot agree on a particular instruction or issue, however, such disagreement and alternate requests shall be noted on the joint jury charge. The plaintiff’s version of the disputed charge will be in RED text, while the Defendant’s version will be in BLUE text. A dispute concerning the jury charge, if any, will be resolved at the final pretrial conference or at a charge conference.
Summary: Disputed jury charge versions must be in red (plaintiff) and blue (defendant) text; disputes resolved at final pretrial or charge conference.
Machine summary. Not checked yet.Mandatory?
Proposed findings of fact and conclusions of law shall be in a form suitable for ruling from the bench after closing arguments. Counsel shall separate agreed findings and conclusions from those that are in dispute. Conclusions of law shall cite supporting authority. Each party shall submit proposed final findings of fact and conclusions of law via email, in Microsoft Word format, to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, at least three days before the final pretrial conference.
Summary: Proposed findings of fact/conclusions of law must be in Microsoft Word, submitted via email three days before final pretrial conference, with agreed/disputed separated and conclusions citing authority.
DOCX
Machine summary. Not checked yet.Mandatory?
JERS has the following file size limits: a. Individual file size of documents (pdf) should not exceed 50 MB. b. Individual files size of audio and video should not exceed 500 MB. Exhibits approaching or exceeding this size limit must be separated into multiple files.
Summary: JERS file size limits: PDF documents ≤50 MB, audio/video files ≤500 MB; exhibits exceeding limits must be split into multiple files.
Machine summary. Not checked yet.Mandatory?
All exhibit files must be named using the JERS naming conventions: [ExhibitNumber]_[ExhibitDescription].[FileExtension] Example: 1_PhotoOf789patent.PDF
Summary: All exhibit files must follow JERS naming convention: [ExhibitNumber]_[ExhibitDescription].[FileExtension].
Machine summary. Not checked yet.Mandatory?
All electronic evidence must be provided using the following formats: a. Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif b. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp
Summary: Electronic evidence must be provided in specific file formats: documents/photos as .pdf, .jpg, .bmp, .tif, .gif; video/audio as .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp.
Machine summary. Not checked yet.Mandatory?
In all patent cases pending before the undersigned or referred magistrate judge, the parties are directed to jointly file the Case Readiness Status Report (“CRSR”) in the format attached as Appendix B: (a) within 7 days after the Defendant (or at least one Defendant among a group of related Defendants sued together) has responded to the initial pleadings in cases where there are no CRSR Related Cases, or (b) when there are CRSR Related Cases, within 7 days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases has responded to the initial pleadings.
Summary: CRSR must be filed in the format attached as Appendix B.
Machine summary. Not checked yet.Mandatory?
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
Summary: Joint Claim Construction Statement, proposed Protective Order, and proposed Scheduling Order must be submitted in Word format via email to the Court’s law clerk.
DOCX
Machine summary. Not checked yet.Mandatory?
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.
Summary: All pleadings, motions, and submissions must use 12+ point font, double spacing, 8.5x11 paper, 1-inch margins, and include case style and document name; headings/footnotes/long quotes may be single-spaced.
Machine summary. Not checked yet.Mandatory?
i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label:
Summary: Plaintiff exhibits: “P 1” or “Plaintiff Exhibit 1” on bottom right corner.
Machine summary. Not checked yet.Mandatory?
The exhibit number needs to be clearly displayed on the first page of each exhibit.
Summary: Exhibit number must be clearly displayed on first page of each exhibit.
Document Filing Requirements90 rules
Machine summary. Not checked yet.Mandatory?
Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.
Summary: Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.
Document Type
Notice
Machine summary. Not checked yet.Mandatory?
Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed.
Summary: Within 7 days after a discovery hearing, parties must submit a joint proposed order containing positions, requested relief, and understanding of the ruling.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.
Summary: A motion to dismiss under this section must include a certification of compliance with the OGP.
Document Type
Motion To Dismiss
Machine summary. Not checked yet.Mandatory?
An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.
Summary: Dismissal agreements under this section must be filed as a joint notice, not as a motion.
Document Type
Joint Notice
Machine summary. Not checked yet.Mandatory?
All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.
Summary: Parties with transfer motions must file status reports at specified milestones tied to briefing readiness and Markman hearing timing.
Document Type
Status Report
Machine summary. Not checked yet.Mandatory?
After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.
Summary: After claim-construction briefing is complete, the parties must file a joint claim construction statement.
Document Type
Joint Claim Construction Statement
Machine summary. Not checked yet.Mandatory?
For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.
Summary: Proposed Order required for all non-dispositive motions (without "Proposed" in title).
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
For all non-dispositive motions, the parties shall submit a proposed Order.
Summary: Proposed Order required for all non-dispositive motions.
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
Summary: Word version of Joint Claim Construction Statement, Protective Order, or Scheduling Order must be emailed to law clerk.
Document Type
Joint Claim Construction Statement
Machine summary. Not checked yet.Mandatory?
For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.
Summary: Every non-dispositive motion must include a proposed order, and that order’s title must omit the word “Proposed.”
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
Each responsive MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.
Summary: Responsive MSJ, Daubert, and MIL briefs are limited to the greater of opening-brief pages used or local-rule limits, and total responsive pages may not exceed total opening pages used.
Document Type
Responsive Brief
Machine summary. Not checked yet.Mandatory?
For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.
Summary: Markman briefs must include patents-in-suit and editable Joint Claim Construction Statement.
Document Type
Markman Brief
Machine summary. Not checked yet.Mandatory?
For the Notice of Related Cases, cases shall be considered “related” when they share at least one common asserted patent.
Summary: For the Notice of Related Cases, related cases are those sharing at least one asserted patent.
Document Type
Notice Of Related Cases
Machine summary. Not checked yet.Mandatory?
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document.
Summary: Pleadings, motions, and submissions must be endorsed with the case style and document name.
Document Type
Pleading Motion Or Submission
Machine summary. Not checked yet.Mandatory?
Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court.
Summary: Disputed preliminary or final jury instructions must cite prior jury instructions from this Court.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Parties shall file a joint proposed final judgement within 14 days of a jury verdict.
Summary: Parties must file a joint proposed final judgment within 14 days after a jury verdict.
Document Type
Proposed Final Judgment
Machine summary. Not checked yet.Mandatory?
When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case.
Summary: In patent cases, the plaintiff must file a Notice of Related Cases on the same day the case is filed.
Document Type
Notice Of Related Cases
Machine summary. Not checked yet.Mandatory?
The Notice of Related Cases shall indicate the case caption, case number, and presiding Judge of any related case.
Summary: A Notice of Related Cases must include the caption, case number, and presiding judge for each related case.
Document Type
Notice Of Related Cases
Machine summary. Not checked yet.Mandatory?
7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).
Summary: Defendant must serve preliminary invalidity contentions 7 weeks after CMC with specific content requirements.
Document Type
Preliminary Invalidity Contentions
Machine summary. Not checked yet.Mandatory?
The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material.
Summary: Amendments to preliminary infringement or invalidity contentions without leave require counsel certification of reasonable preparation efforts and newly identified material, and must be made seasonably.
Document Type
Amended Preliminary Contentions
Machine summary. Not checked yet.Mandatory?
Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).
Summary: Preliminary invalidity contentions must include specified charts and legal identifications, plus production of referenced prior art and technical operation documents.
Document Type
Preliminary Invalidity Contentions
Machine summary. Not checked yet.Mandatory?
Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.
Summary: Preliminary infringement contentions must include a claim chart, earliest priority dates, and specified supporting invention and prosecution-history documents.
Document Type
Preliminary Infringement Contentions
Machine summary. Not checked yet.Mandatory?
Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.
Summary: Adding patent claims by amendment requires leave of court.
Document Type
Motion For Leave To Add Patent Claims
Filing & Service rules
Courtesy Copy Requirements
USB drive delivery to technical advisor required 10 days before hearing if appointed.
If the Court appoints a technical advisor, each party shall deliver the same to the technical advisor on a USB drive, also 10 days before the hearing.
Machine summary. Not checked yet. · Civil cases
Page 10 | X. GENERAL ISSUES
Electronic copies via Box required for Markman, MSJ, and Daubert motions (10 days before hearing).
The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions. Instead, the parties shall jointly contact the Court’s law clerk, at least ten days before the hearing, for a Box link to provide an electronic copy of the briefs, 10 exhibits, and the optional technology tutorial.
Machine summary. Not checked yet. · Civil cases
Page 10 | X. GENERAL ISSUES
Courtesy email with pending motions list and oral argument requests due two weeks before pretrial conference.
Two weeks before the Pretrial Conference, the parties shall jointly send a courtesy email to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov providing the clerks with a list of all pending motions by docket number and movant. The parties shall indicate next to each pending motion whether oral argument is requested.
Machine summary. Not checked yet. · Civil cases · Proposed or draft document; may not be in force
Page 4 | C. Additional Attachments Required For Jury Trials
Parties must email understandings of motions in limine rulings after pretrial conference.
After the Pretrial Conference, the parties shall jointly email their understandings of the rulings to the law clerks.
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Page 4 | C. Additional Attachments Required For Jury Trials
Text-editable motions in limine chart must be emailed two weeks before pretrial conference, listing plaintiff's then defendant's motions.
Two weeks before the Pretrial Conference, the parties shall jointly email to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov a text-editable chart listing each Motion in Limine with space beside each Motion in Limine for the Judge to write in each ruling. The chart shall first list all of Plaintiff’s Motions in Limine, followed by Defendant’s Motions in Limine.
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Page 4 | C. Additional Attachments Required For Jury Trials
Proposed findings must be submitted via email three days before final pretrial conference.
Each party shall submit proposed final findings of fact and conclusions of law via email, in Microsoft Word format, to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov, at least three days before the final pretrial conference.
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Page 4 | D. Additional Documents Required For Non-Jury Trials
Parties only provide Judge and law clerk copies of exhibits forming the basis of a dispute during jury trials if the Court needs to examine them; Court personnel generally do not require personal exhibit copies.
The Court (Judge, law clerk, and court reporter) generally do not need personal copies of exhibits. Instead, the parties should only provide the Judge and law clerk copies of an exhibit that forms the basis for a dispute if the Court needs to examine the contents to resolve the dispute.
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Page 5 | E. Copies of Exhibits During Jury Trials
Parties must retain a physical backup copy of admitted exhibits to provide to the Court only if JERS technical difficulties occur.
The parties shall keep a physical backup copy of admitted exhibits and provided it to the Court only if the Court encounters technical difficulties with the JERS system.
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Page 6 | G.2. The parties shall keep a physical backup copy of admitted exhibits
Parties must file Joint Claim Construction Statement after Markman briefing and email an editable copy to the Court’s law clerks.
After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.
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Page 8 | Briefing Procedure and Page Limits
Physical copies of Markman briefs, SJ motions, and Daubert motions no longer required; electronic copies via Box required if technical advisor appointed or submitting tech tutorial.
The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions. If a technical advisor has been appointed, the parties shall jointly contact the Court’s law clerks, at least ten days before the hearing, for a Box link to provide an electronic copy of the briefs, exhibits, and the optional technology tutorial. Otherwise, the parties shall jointly contact the Court’s law clerks for a Box link only if the parties wish to submit the optional technology tutorial. Absent agreement to the contrary, the plaintiff shall be responsible for providing the electronic copies via Box. For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.
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Page 10 | Page 10
Sealing & Redaction Procedures
If either party files briefing under seal, the Court will enter a sealed order, and the movant must email a redacted public version to the law clerk for publication within seven days after entry.
The Court will enter a sealed order to resolve a motion if either party filed its briefing under seal. The movant shall email a redacted version of the Court’s sealed order for publication within seven days after the Court enters the sealed order. The movant shall email the redacted, public version to the Court’s law clerk (txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov).
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Page 1 | Filing Documents Under Seal and Redacted Public Versions
Any party may file materials containing confidential information under seal without a separate motion for leave.
Because parties in patent cases routinely file confidential information, this Order grants leave for any party to file materials containing confidential information under seal. Parties need not file a separate motion for leave.
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Page 1 | Filing Documents Under Seal and Redacted Public Versions
A publicly available redacted version of a motion or pleading filed under seal is due within seven days, but redacted exhibit versions are not required.
The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days. The parties need not file redacted versions of exhibits to such documents.
Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases · Proposed or draft document; may not be in force
Page 1 | Filing Documents Under Seal and Redacted Public Versions
Entirely nonconfidential exhibits should not be filed under seal.
Exhibits that are nonconfidential in their entirety should not be filed under seal at all.
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Page 1 | Filing Documents Under Seal and Redacted Public Versions
Parties must coordinate on a publicly available version with targeted redactions of information any party deems confidential, label it “PUBLIC VERSION,” and coordination does not concede that the redacted information is confidential.
The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential. Redactions should be targeted to redact only that information. The publicly available version shall be labeled “PUBLIC VERSION.” Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential.
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Page 1 | Filing Documents Under Seal and Redacted Public Versions
Filing Bundling Requirements
CRSR must be jointly filed by all parties.
In all patent cases pending before the undersigned or referred magistrate judge, the parties are directed to jointly file the Case Readiness Status Report (“CRSR”) in the format attached as Appendix B: (a) within 7 days after the Defendant (or at least one Defendant among a group of related Defendants sued together) has responded to the initial pleadings in cases where there are no CRSR Related Cases, or (b) when there are CRSR Related Cases, within 7 days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases has responded to the initial pleadings.
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Page 1 | I. NOTICE OF READINESS
Exhibits must be submitted by judge-set deadline or will be returned.
All files must be submitted based on the deadline set by the presiding Judge or CRD associated with your case. Your timeliness in submitting these files will assist the Court in preparing for the trial. Exhibits submitted that do not meet the Court’s requirements will be returned for correction.
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All files must be provided on a single storage device (USB, CD, or DVD).
All files must be provided on a single storage device such as a USB, CD or DVD.
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Counsel are encouraged to agree on joint exhibits to avoid duplication.
encourages counsel to agree upon joint exhibits to avoid duplication.
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Page 2 | B. Required Attachments to the Joint Pretrial Order
Pre-Motion Conference Requirements
Motion to compel requires meet and confer plus contact with law clerk
A party may not file a Motion to Compel discovery unless: (1) lead counsel with decision making authority have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk to summarize the dispute and the parties’ respective positions.
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Page 4 | IV. DISCOVERY DISPUTES
Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerk with both sides’ positions.
A party may not file a Motion to Compel discovery unless: (1) lead counsel with decision making authority have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk to summarize the dispute and the parties’ respective positions.
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Page 4 | IV. DISCOVERY DISPUTES
The responding party must submit its email response within 3 business days.
The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
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Page 4 | IV. DISCOVERY DISPUTES
Transfer motions have fixed filing and briefing deadlines, and late filing requires good cause plus leave of court.
A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court. The deadline for plaintiff’s response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant’s reply is 2 weeks after the filing of the response.
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Page 5 | VI. MOTIONS FOR TRANSFER
Before an early motion to dismiss indirect or willful infringement claims, the movant must first meet and confer with the opposing party.
Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.
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Page 6 | VII. MEET AND CONFER REQUIREMENT FOR EARLY MOTIONS TO DISMISS INDIRECT AND WILLFUL INFRINGEMENT
Second meet and confer required 39 weeks after Markman hearing to narrow claims to triable limits.
39 weeks after Markman hearing Deadline for the second of two meet and confers to discuss narrowing the number of claims asserted and prior art references at issue to triable limits. If it helps the parties determine these limits, the parties are encouraged to contact
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Page 15 | Markman hearing deadlines
First meet and confer required 26 weeks after Markman hearing to narrow claims and prior art.
26 weeks after Markman hearing Deadline for the first of two meet and confers to discuss significantly narrowing the number of claims asserted and prior art references at issue. Unless the parties agree to the narrowing, they are ordered to contact the Court’s law clerk to arrange a teleconference with the Court to resolve the disputed issues.
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Page 15 | Markman hearing deadlines
Dispositive and Daubert motions due 40 weeks after Markman hearing.
40 weeks after Markman hearing Dispositive motion deadline and Daubert motion deadline. See General Issues Note #9 regarding providing copies of the briefing to the Court and the technical advisor (if appointed).
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Page 16 | Markman hearing deadlines
Meet and confer required before dismissing indirect/willful infringement claims.
Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.
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Discovery disputes require a meet and confer via personal conference (phone/video) between lead counsel with decision authority before contacting the Court; email is insufficient.
A “meet and confer” requires a personal conference, by telephone or video conference technology, between lead counsel with decision making authority wherein the participants attempt to resolve their differing views before contacting the Court. Correspondence, such as e-mail, is insufficient.
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Page 4 | IV. DISCOVERY DISPUTES
Motions to transfer must be filed within 3 weeks of CMC or 8 weeks of service, with response and reply deadlines set by rule.
A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court. The deadline for plaintiff’s response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant’s reply is 2 weeks after the filing of the response.
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Page 5 | VI. MOTIONS FOR TRANSFER
Parties must meet and confer before filing motions to dismiss indirect/willful infringement claims before fact discovery.
Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.
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Page 6 | VII. MEET AND CONFER REQUIREMENTS FOR EARLY MOTIONS TO DISMISS INDIRECT AND WILLFUL INFRINGEMENT
Adjournment & Extension Requirements
Response to discovery dispute summary due in 3 business days
The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
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Page 4 | IV. DISCOVERY DISPUTES
Trial dates will be continued only in extreme situations, and parties must contact the Court’s law clerk to seek a continuance.
After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant continuing the trial date, the parties are directed to contact the Court’s law clerk.
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Page 9 | X. GENERAL ISSUES
If parties settle, they must promptly notify the Court and request a stay of deadlines.
Parties shall promptly notify the Court if they reach a settlement in a case and request to stay any deadlines.
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Page 11 | Rule 15
After the transfer-motion deadline passes, a late filer must seek leave of court and show good cause.
Deadline to file a motion to transfer. After this deadline, movants must seek leave of Court and show good cause for the delay.
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Page 13 | Deadline Item
Plaintiff response due 2 weeks after venue discovery completion; defendant reply due 2 weeks after response.
The deadline for plaintiff's response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant's reply is 2 weeks after the filing of the response.
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Motion to transfer must be filed within 3 weeks of CMC or 8 weeks of service, whichever is later.
A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court.
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Court automatically grants unopposed or agreed extension requests meeting specified conditions, which must be filed as a notice or stipulation rather than a motion.
In all cases pending before the undersigned, henceforth, the Court automatically grants any request to extend a deadline or to amend a scheduling order, provided that (1) such request is unopposed or agreed to between the parties, (2) such request does not change the date of any hearing, trial, or other Court date, (3) such request does not extend any deadline of a final submission that affects the Court’s ability to hold a scheduled hearing, trial, or Court event, and (4) such request does not extend the deadline to answer or otherwise respond to a complaint more than 45 days from the original answer date. Extensions for final submission deadlines at least one month before a scheduled hearing, trial, or Court event will not affect the Court. The parties are ORDERED to file any such request as a notice or stipulation to the Court, instead of a motion.
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Page 1 | STANDING ORDER REGARDING JOINT OR UNOPPOSED REQUEST TO CHANGE DEADLINES
Trial date continuances only permitted in extreme situations; parties must contact the Court’s law clerk to request.
After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant continuing the trial date, the parties are directed to contact the Court’s law clerk.
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Page 9 | Page 9
Extensions of response to Complaint up to 45 days allowed if parties agree; extensions beyond 45 days require a motion.
The Court is generally willing to extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the original answer date are disfavored and require a motion.
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Page 9 | Page 9
Motion for transfer must be filed within 8 weeks of service/waiving service or 3 weeks after CMC (whichever later); extensions require leave and good cause.
8 weeks after receiving or waiving service of complaint, or 3 weeks after the CMC, whichever is later. Deadline to file a motion for transfer. After this deadline, movants must seek leave of Court and show good cause for the delay.
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Page 12 | SCHEDULING DEADLINES
Complaint response extensions up to 45 days are generally allowed by party agreement, while extensions beyond 45 days are disfavored and require a motion.
The Court is generally willing to extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the original answer date are disfavored and require a motion.
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Page 9 | X. GENERAL ISSUES
Markman hearing postponed if transfer motion remains pending.
If a motion to transfer remains pending, the Court will either promptly resolve the pending motion before the Markman hearing, or postpone the Markman hearing.
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For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.
The procedure outlined below is also the Court’s preferred mechanism for handling disputes regarding procedural matters such as extensions of time, excess pages, narrowing claims and prior art, amending invalidity and infringement contentions, etc.
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Page 4 | IV. DISCOVERY DISPUTES
Chambers Communication Rules
For pre-Markman issues needing resolution, parties must email a joint submission of their positions to the Court after filing the CRSR.
If the parties have any pre-Markman issues needing resolution, the parties shall email the Court a joint submission of the parties’ positions after filing the CRSR so the Court can consider whether to hold a hearing to resolve these issues.
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Page 1 | I. NOTICE OF READINESS
The parties must email an editable copy of the joint claim construction statement to the Court’s law clerks after briefing concludes.
After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.
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Page 8 | Briefing Procedure and Page Limits
Parties presenting confidential information at a remote hearing must email the law clerk to request a private, non-public Zoom setup.
Any party who intends to present confidential information in a remote hearing shall email and notify the Court’s law clerk to request a private Zoom setup that will not be publicly broadcasted.
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Page 10 | X. GENERAL ISSUES
When post-trial briefing is complete, parties must email law clerks that same day with pending motions and any hearing request.
On the same day that post-trial briefing is completed, the parties shall email the Court’s law clerks with a list of the pending motions and request a hearing, if desired.
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Page 11 | XI. TRIAL & POST-TRIAL ISSUES
Parties must jointly email law clerks 19 weeks after CMC to confirm Markman date and venue/jurisdiction status.
19 weeks after CMC Parties to jointly email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
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Page 14 | Deadlines
Parties must jointly email the Court’s law clerk to confirm pretrial conference and trial dates.
Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm their pretrial conference and trial dates.
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Page 17 | 8 weeks before trial
Parties must email law clerks with pending motions list and hearing request upon completing post-trial briefing.
On the same day that post-trial briefing is completed, the parties shall email the Court's law clerks with a list of the pending motions and request a hearing, if desired.
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Parties must request a private Zoom link from the Courtroom Deputy for any remote witness giving confidential testimony.
If a remote witness gives any confidential testimony, then a private zoom link shall be used for the entirety of the testimony. The parties will need to inform the Courtroom Deputy which witnesses will give confidential testimony and request a private Zoom meeting for these witnesses.
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Page 5 | F.3. If a remote witness gives any confidential testimony
Parties must arrange remote witness testimony via Zoom Webinar with the Courtroom Deputy in advance, including requesting access information.
Parties may have witnesses remotely testify using Zoom Webinars in Austin District Courtroom #5. The parties shall make advanced arrangements with the Courtroom Deputy to coordinate any remote testimony, including requesting access information from the Courtroom Deputy.
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Page 5 | F.1. Parties may have witnesses remotely testify using Zoom Webinars
Parties with pre-Markman issues must email joint position submission to Court after filing CRSR.
If the parties have any pre-Markman issues needing resolution, the parties shall email the Court a joint submission of the parties’ positions after filing the CRSR so the Court can consider whether to hold a hearing to resolve these issues. If the parties do not have any pre-Markman issues needing resolution, then the parties need not email the CRSR to the Court.
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Page 1 | I. NOTICE OF READINESS
Parties must send an editable Scheduling Order copy to the Court’s law clerk when filing.
When filing any Scheduling Order, the parties shall also jointly send an editable copy to the Court’s law clerk.
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Page 2 | I. NOTICE OF READINESS
Messages to Judge Howell’s chambers regarding discovery matters must be sent to the specified email address.
Messages directed only to Judge Howell’s chambers may be sent to: TXWD_HowellADAdiscovery@txwd.uscourts.gov
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Page 3 | IV. DISCOVERY DISPUTES
Messages to Judge Hightower’s chambers regarding discovery matters must be sent to the specified email address.
Messages directed only to Judge Hightower’s chambers may be sent to: TXWD_HightowerADAdiscovery@txwd.uscourts.gov
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Page 3 | IV. DISCOVERY DISPUTES
Messages to Judge Lane’s chambers regarding discovery matters must be sent to the specified email address.
Messages directed only to Judge Lane’s chambers may be sent to: TXWD_LaneADAdiscovery@txwd.uscourts.gov
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Page 3 | IV. DISCOVERY DISPUTES
Parties seeking to expand venue/jurisdictional discovery limits must meet and confer, then contact law clerk for telephonic hearing if impasse.
If a party believes these limits should be expanded, the party shall meet and confer with opposing counsel and, if an impasse is reached, the requesting party is directed to contact the Court’s law clerk for a telephonic hearing.
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Page 5 | V. VENUE & JURISDICTIONAL DISCOVERY
Parties must email discovery dispute summaries to law clerks, copy opposing counsel, and indicate confidential info if a hearing is requested.
summaries of the issues to the Court’s law clerks for both Judge Albright and the referred Magistrate Judge, if any, with opposing counsel copied. If a hearing is requested, the parties shall indicate in the email whether any confidential information will be presented. Thereafter, the Court will provide guidance to the parties regarding the dispute or arrange a Zoom or in-person hearing.
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Page 5 | IV. DISCOVERY DISPUTES
Moving party must email law clerk if motion to transfer is pending 1 week before Markman hearing.
if by 1 week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court’s law clerk (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.
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Page 6 | VI. MOTIONS FOR TRANSFER
Parties must email a Word version of the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order to the Court’s law clerk upon filing.
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
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Page 10 | Page 10
Parties presenting confidential information in remote hearings must email the Court’s law clerk to request a private Zoom setup.
Any party who intends to present confidential information in a remote hearing shall email and notify the Court’s law clerk to request a private Zoom setup that will not be publicly broadcasted.
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Page 10 | Page 10
Parties must promptly notify the Court of a settlement and request a stay of deadlines.
Parties shall promptly notify the Court if they reach a settlement in a case and request to stay any deadlines.
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Page 10 | Page 10
Parties must contact District Clerk’s Office via email to obtain info for post-trial bond orders.
Prior to entering an order regarding post-trial bonds, parties are directed to reach out to the District Clerks Office to obtain specific information needed to complete the order. The Office can be reached at TXWDAustinDistrictClerksOffice@txwd.uscourts.gov or 512-916-5896.
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Page 11 | XI. TRIAL & POST-TRIAL ISSUES
Parties must email law clerks a pending motion list and hearing request (if desired) on the day post-trial briefing concludes.
On the same day that post-trial briefing is completed, the parties shall email the Court’s law clerks with a list of the pending motions and request a hearing, if desired.
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Page 11 | XI. TRIAL & POST-TRIAL ISSUES
Parties must jointly email chambers' law clerks to confirm the Markman hearing date and notify of any unripe venue or jurisdictional motions.
Parties to jointly email the law clerks to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
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Page 13
Within 3 business days of sur-reply submission, parties must email an editable copy of the Joint Claim Construction Statement to chambers' law clerks.
3 business days after submission of sur-reply: Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.
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Page 13
Parties must jointly email the Court’s law clerk 8 weeks before trial to confirm pretrial conference and trial dates.
8 weeks before trial Parties to jointly email the Court’s law clerk to confirm their pretrial conference and trial dates.
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Page 15
Parties should direct inquiries to the Court’s law clerk by email, which is the preferred contact method.
Parties should generally email any inquiries to the Court’s law clerk. The Court’s voicemail is not checked regularly. Email is the preferred contact method.
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Page 1 | STANDING ORDER GOVERNING PROCEEDINGS (OGP) 4.4—PATENT CASES
After the opposing response, the requesting party must email issue summaries to both judges’ law clerks and copy opposing counsel.
Once the opposing party provides its response, the requesting party shall email the summaries of the issues to the Court’s law clerks for both Judge Albright and Judge Gilliland with opposing counsel copied.
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Page 5 | IV. DISCOVERY DISPUTES
To seek expanded venue/jurisdiction discovery limits, parties must meet and confer first and then contact the law clerk for a telephonic hearing if impasse remains.
If a party believes these limits should be expanded, the party shall meet and confer with opposing counsel and, if an impasse is reached, the requesting party is directed to contact the Court’s law clerk for a telephonic hearing.
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Page 5 | V. VENUE & JURISDICTIONAL DISCOVERY
If a transfer motion is still pending one week before Markman, the movant must email chambers (and technical advisor if appointed) to report that status.
In addition, if by 1 week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court’s law clerk (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.
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Page 6 | VI. MOTIONS FOR TRANSFER
Parties must jointly email law clerks to confirm the Markman date and report unripe venue or jurisdictional motions.
Parties to jointly email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
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Page 14 | Deadline Item
Parties must email law clerks an editable copy of the Joint Claim Construction Statement.
Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.
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Page 14 | Deadline Item
Parties should generally use the shared law clerk email address for Judges Albright and Gilliland.
Parties should generally use the following email address that includes the Court’s law clerks for both Judge Albright and Judge Gilliland: TXWDml_LawClerks_WA_JudgeAlbright&Gilliland@txwd.uscourts.gov.
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Page 1 | STANDING ORDER GOVERNING PROCEEDINGS (OGP) 4.4—PATENT CASES
Messages intended only for Judge Albright’s law clerks may be sent to the specified email address.
Messages directed only to Judge Albright’s law clerks may be sent to: TXWDml_LawClerks_WA_JudgeAlbright@txwd.uscourts.gov.
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Page 1 | STANDING ORDER GOVERNING PROCEEDINGS (OGP) 4.4—PATENT CASES
If parties cannot resolve conflicts between this OGP and prior versions, they are encouraged to seek guidance by emailing the Court’s law clerk.
If there are conflicts between this OGP and prior versions in existing cases that the parties are unable to resolve, the parties are encouraged to contact the Court for guidance via email to the Court’s law clerk.
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Page 1 | STANDING ORDER GOVERNING PROCEEDINGS (OGP) 4.4—PATENT CASES
Messages intended only for Judge Gilliland’s law clerks may be sent to the specified email address.
Messages directed only to Judge Gilliland’s law clerks may be sent to: TXWDml_NoJudge_Chambers_WA_JudgeGilliland@txwd.uscourts.gov.
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Page 1 | STANDING ORDER GOVERNING PROCEEDINGS (OGP) 4.4—PATENT CASES
The District Clerk’s Office may be contacted by email at the listed address.
The Office can be reached at TXWDWacoDistrictClerksOffice@txwd.uscourts.gov or 254-750-1501.
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Page 12 | Post-trial order completion
Email is the preferred contact method for inquiries to the Court's law clerk.
Parties should generally email any inquiries to the Court's law clerk. The Court's voicemail is not checked regularly. Email is the preferred contact method.
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Use specific email address for Judge Albright's law clerks only.
Messages directed only to Judge Albright's law clerks may be sent to: TXWDml_LawClerks_WA_JudgeAlbright@txwd.uscourts.gov.
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Use specific email address for Judge Gilliland's law clerks only.
Messages directed only to Judge Gilliland's law clerks may be sent to: TXWDml_NoJudge_Chambers_WA_JudgeGilliland@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Use specific email address for contacting law clerks for both judges.
Parties should generally use the following email address that includes the Court's law clerks for both Judge Albright and Judge Gilliland: TXWDml_LawClerks_WA_JudgeAlbright&Gilliland@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Court law clerks' email address is TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov for document submissions.
counsel shall submit an editable, digital version of the jury charge(s) in Microsoft Word to the court via e-mail to TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases · Proposed or draft document; may not be in force
Page 3 | C. Additional Attachments Required For Jury Trials
Parties must review JERS Exhibit Batch Import Requirements and may email the Courtroom Deputy with JERS-related questions.
The parties shall refer to the JERS Exhibit Batch Import Requirements on the Court’s website and may email the Courtroom Deputy with any questions about the JERS system.
Machine summary. Not checked yet. · Civil cases · Proposed or draft document; may not be in force
Page 5 | G.1. The Court uses a software application called JERS
Parties may contact the Court’s law clerks via the provided email address to obtain Courtroom Deputy contact information and for trial-related scheduling or technical inquiries.
TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases · Proposed or draft document; may not be in force
Page 5 | Law Clerk Contact Information
Parties may direct equipment and technology questions to the Courtroom Deputy, who will forward them to IT staff.
The parties may direct any questions to the Courtroom Deputy, who will forward any questions to the appropriate IT staff.
Machine summary. Not checked yet. · Civil cases · Proposed or draft document; may not be in force
Page 5 | F.4. Parties should review the Courtroom Technology Guidance
Parties with unresolvable OGP conflicts are encouraged to contact the Court via email to the law clerk.
If there are conflicts between this OGP and prior versions in existing cases that the parties are unable to resolve, the parties are encouraged to contact the Court for guidance via email to the Court’s law clerk.
Machine summary. Not checked yet. · Civil cases
Page 1 | I. NOTICE OF READINESS
Parties should email inquiries to the Court’s law clerk; email is the preferred contact method.
Parties should generally email any inquiries to the Court’s law clerk. The Court’s voicemail is not checked regularly. Email is the preferred contact method.
Machine summary. Not checked yet. · Civil cases
Page 1 | I. NOTICE OF READINESS
Judge Albright’s law clerk emails may be sent to the provided email address.
Messages directed only to Judge Albright’s law clerks may be sent to: TXWDml_LawClerks_WA_JudgeAlbright@txwd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Page 1 | I. NOTICE OF READINESS