Tag: #Markman

Coming Soon…Updated OGP

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!

Exemplary Tech Tutorials From Judge Albright

Judge Albright has recently updated the Court’s website to include examples of previous technology tutorials that he has found to be particularly helpful. These should provide an example for counsel looking to craft a tech tutorial in Judge Albright’s Court in the future.

If presented well, tech tutorials can provide a very useful overview of the underlying technology to the court. If presented poorly, they can be a waste of time or even set a negative tone for the Markman that counsel probably wants to avoid. Although not required, Judge Albright’s standing order governing patent cases contemplates electronic or live tech tutorials if a party believes it would be beneficial. The key is to ensure that this tutorial is presented in such a way that it is actually beneficial to the court, and thus your case.

The Court has now provided additional guidance for attorneys preparing tech tutorials by providing exemplary tutorials that Judge Albright has found particularly helpful.  These can be found at: https://www.txwd.uscourts.gov/judges-information/exemplary-tutorials/ (direct links to the two tutorials provided below as well).

Currently there are two tutorials posted: one about 20 minutes long (https://youtu.be/f9Cnrvu8CKA) and one about 14 minutes long (https://youtu.be/ZZjxJTiEe2w). For attorneys preparing for Markman hearings in Judge Albright’s Court, it will likely be a good use of half an hour to review the two examples currently presented on the Court’s website to provide a good basis for crafting their own tutorial.

As always, stay safe, healthy, and wash your hands!