An updated Order Governing Proceedings in Patent Cases (OGP Version 3.2) is set to be released shortly in the Waco Division. Expect two main changes: (1) non-simultaneous claim construction briefing; and (2) default limits on pre-Markman discovery. As always, when the final version is released, we will provide a more comprehensive breakdown of the changes.
Non-Simultaneous Claim Construction Briefing: For better or for worse, the Court has done away with simultaneous claim construction briefing! Many attorneys have a love/hate relationship with this practice so this marks a significant change in briefing procedure. OGP Version 3.2 will delineate the new schedule for non-simultaneous briefing.
Default Pre-Markman Discovery Limits: There will now be default discovery limits for pre-Markman venue and jurisdictional discovery. The Court will still generally permit leave for the parties to conduct targeted discovery, however there will now be defined default limits.
As soon as the final version is posted, we will link to the new order and follow up in more detail. Stay tuned!