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Fish & Richardson #1 PTAB Law Firm in the U.S. for 2014 – Managing Intellectual Property

IP Litigation

Local Rules Update for the Eastern District of Texas

July 6, 2015

IP Litigation

Local Rules Update for the Eastern District of Texas

July 6, 2015

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On May 6, 2015, Chief Judge Ron Clark of the Eastern District of Texas signed General Order 15-12, which amends the Local Rules for the District.[i] While regular practitioners in the District are encouraged to read the amendments in their entirety, one amendment will be particularly impactful for patent litigation in the District.Sub-rule CV-7(n) has been added to the Local Rule to govern Motions in Limine. New Local Rule CV-7(n) reads as follows:LOCAL RULE CV-7 Pleadings Allowed; Form of Motions and Other Documents(n) Motions in Limine. Motions in limine should be contained within a single document subject to the page limitations of LOCAL RULE CV-7(a)(2) for non-dispositive motions.In the past, litigants in the District (and particularly patent litigants) would file numerous separately styled Motions in Limine each covering a separate request. By doing so, each separate Motion was subject to a page limit of 15 pages under Local Rule CV-7(a)(2). For example, in the past, a defendant might file 10 separate Motions in Limine and enjoy a 15 page limit per motion (for a total of 150 pages). Under the new rule, however, litigants are subject to 15 pages total for an omnibus Motion in Limine absent a page extension granted by the Court.Fish & Richardson is the industry leader for patent litigation within the Eastern District of Texas. Together with twelve former law clerks from the District and former Chief Judge Leonard Davis, Fish & Richardson has litigated more patent cases in the District from 2006-present than any of its competitors.[i] Available at http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?document=24988.

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