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Eastern District of Texas Adopts Model Order Limiting the Number of Asserted Claims and Prior Art References
Practical Law Legal Update 5-547-5646 (Approx. 3 pages)
Eastern District of Texas Adopts Model Order Limiting the Number of Asserted Claims and Prior Art References
by Practical Law Intellectual Property & Technology
| Published on 30 Oct 2013 • USA (National/Federal) |
On October 29, 2013, the US District Court for the Eastern District of Texas adopted a model order that sets presumptive limits on the number of asserted patent claims and prior art references.
On October 29, 2013, the US District Court for the Eastern District of Texas adopted a Model Order Focusing Patent Claims and Prior Art To Reduce Costs, which supplements all other discovery rules and orders. The model order establishes several presumptive limits on the number of asserted claims and prior art references and imposes the following requirements on the party claiming infringement and the accused infringer:
- The party claiming infringement must serve:
- A Preliminary Election of Asserted Claims asserting no more than 10 claims from each patent and no more than a total of 32 claims.
- A Final Election of Asserted Claims asserting no more than five claims from each patent and no more than a total of 16 asserted claims.
- The accused infringer must serve:
- A Preliminary Election of Prior Art asserting no more than 12 prior art references against each patent and no more than a total of 40 references.
- A Final Election of Prior Art asserting no more than six prior art references per patent and no more than a total of 20 prior art references.
For a more detailed chart summarizing the Model Order requirements, see Checklist, Local Patent Rules (Eastern District of Texas): Key Deadlines Chart: Election of Asserted Claims and Prior Art.