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Patent Litigation
So many firms have the qualifications required for patent litigation, yet so few have the judgment to know when to fight and when not to fight. In Texas alone, there are at least 20 firms with patent litigators qualified to understand the rules of practice and even the technology in suit. But do they have the judgment to know when a costly defense option has no real chance of success or when another issue, if fully investigated, might win the case? Do those firms have the conviction to tell you it’s time to settle or re-design your product? Or to hit the opponent with everything you have until they break? We have that judgment here.
This firm has a long history of helping inventors protect their ideas. But that is just the beginning. We also have the experience to assist stakeholders in monetizing their IP through licensing programs or litigation, when necessary.
We have a deep bench of litigators with specialized technical backgrounds and extensive federal court experience. But we also have the judgment to know when to fight and when not to fight. Of course, there are times when there is no other choice but to fight. In those cases, we are relentless.
If you want that sort of impact litigation team on your side, contact us for a consultation.
Resource Guide
- Order on Judicial Assignments of Patent Cases Between Divisions – Know Your Judge and Jury Pool Options
- Eastern District of Texas Patent Rules
- Eastern District of Texas Local Rules
Judge Specific Scheduling Orders and Discovery Orders
Chief Judge Gilstrap (Marshall Division)
Judge Kernoodle (Tyler Division)
Judge Jordan (Sherman Division)
Judge Truncale (Lufkin and Beaumont Divisions)
- Order Setting Patent Cases for Rule 16 Management Conference
- Scheduling Order and Scope of Discovery for Patent Cases
- Standing Order Regarding Readiness for Scheduling Conference in Patent Cases
Judge Mazzant (Sherman Division)
- No standing orders regarding patent cases
Judge Schroeder (Texarkana Division)
Know the Dallas County Line
Important Considerations for Venue in the E.D. of Texas
“Regular and Established Place of Business” within district required.
TC Heartland v. Kraft Foods (U.S. Supreme Court, 2016)
Employees working from home within district is not enough.
In re Cray, Inc. (Federal Circuit, 2017)
Third-Party contracted servers within district are not enough.
In re Google, Inc. (Federal Circuit, 2020)
Foreign corporations can be sued in any district such that TC Heartland does not apply.
In re HTC Corp. (Federal Circuit, 2018)
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.]
- 10 days after Invalidity Contentions
- 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.]
- 20 days after P.R. 4-1 disclosures.
- 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.]
- 60 days after service of Invalidity Contentions.
- 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.]
- 45 days after P.R. 4-3 disclosure.
- 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.]
- 14 days after Opening Claim Construction Brief.
- 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.]
- 7 days after Defendant [s] Response Brief.
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.]
- 35 days after Initial Case Management Conference.
- 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.]
- 10 days after Invalidity Contentions
- 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.]
- 20 days after P.R. 4-1 disclosures.
- 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.]
- 60 days after service of Invalidity Contentions
- 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.]
- 14 days after service of Opening Brief.
Carstens, Allen & Gourley Eastern District Office
Carstens, Allen & Gourley
7500 Dallas Pkwy #300
Plano, Texas 75240
(972) 367-2001
M-F 8:30 am – 5:30 pm
Closed Saturday & Sunday
Places to Stay
There is plenty to do while you are in Plano, Texas. We recommend these hotels while you are in town.
Dallas/Plano Marriott at Legacy Town Center
7121 Bishop Road
Plano, TX 75024
Renaissance Dallas at Plano Legacy West Hotel
6007 Legacy Dr
Plano, TX 7502
Helpful Links
Patent Litigation in Waco, Texas
Western District of Texas Standing Order:
Judge Albright Standing Orders:
- Standing Order Regarding Patent/Trademark Cases
- Proposed Scheduling Order
- Amended Standing Order Regarding Venue and Jurisdictional Discovery Limits for Patent Cases
- Standing Order Regarding Trial Proceedings
- Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions
Judge Albright Recent Opinions:
- Alternative Service for Chinese Company approved:
- WSOU Investments, LLC v. OnePlus Technology (Shenzhen), Co. Ltd. (Sept. 9, 2022)
- Granting Motion to Transfer Venue:
- Motion Offense, LLC v. Google, LLC (Aug. 29, 2002)
- Denying Motion to Transfer Venue (venue and jurisdiction in transferee forum not shown):
- Alsi Holdings, LLC v. Current Lighting Solutions, LLC (Aug. 26, 2022)
- FRCP 12(b)(6) Motions Regarding Indirect Infringement and Willful Infringement:
- Arigna Technologies, Ltd. v. Apple, Inc. (Aug. 16, 2022)
- Denying Motion to Transfer Venue:
- Flygrip, Inc. v. Amazon.com, Inc. (June 28, 2022)
![](https://www.caglaw.com/wp-content/uploads/2022/09/Waco-Div-Western-District-Map_Final-3-1024x916.jpg)
In the Press
Ted Baroody quoted in Bloomberg Law article, Law Firms Hang Shingles in Waco Amid Patent Litigation BoomPlaces to Stay
There is plenty to do while you are in Waco, Texas. We recommend these hotels while you are in town.
Courtyard by Marriot
101 Washington AvenueWaco, Texas 76701
Hilton Waco
113 South University Parks DriveWaco, Texas 76701