Courtesy copies are required for markman, rule 56, and daubert. Details: delivery at least 10 days before hearing, by electronic. Electronic copies via Box required for Markman, MSJ, and Daubert motions (10 days before hearing).
Judge Alan D Albright's rules set a pre-motion procedure for discovery. Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerk with both sides’ positions.
Judge Alan D Albright's rule states these limits: 500 words; 1000 words. The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.
Judge Alan D Albright's rule states these limits: 500 words; 1000 words. The responding party’s discovery-dispute email response is limited to 500 words for one issue or 1,000 words combined for multiple issues.
Judge Alan D Albright's formatting rule includes email the court’s law clerk a word version of the filed documents.. When filing specified documents, parties must email the law clerk an editable Word version.
The rule requires proposed order. Within 7 days after a discovery hearing, parties must submit a joint proposed order containing positions, requested relief, and understanding of the ruling.
The rule identifies required filing content or certificates. Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.
Parties may contact Judge Alan D Albright's chambers by email only as allowed by the rule. For pre-Markman issues needing resolution, parties must email a joint submission of their positions to the Court after filing the CRSR.
Judge Alan D Albright's rules specify what an adjournment or extension request must include. Trial dates will be continued only in extreme situations, and parties must contact the Court’s law clerk to seek a continuance.
Yes. Judge Alan D Albright requires bundling for covered papers. CRSR must be jointly filed by all parties.
If parties cannot resolve conflicts between this OGP and prior versions, they are encouraged to seek guidance by emailing the Court’s law clerk.
Parties should direct inquiries to the Court’s law clerk by email, which is the preferred contact method.
Parties should generally use the shared law clerk email address for Judges Albright and Gilliland.
Messages intended only for Judge Albright’s law clerks may be sent to the specified email address.
Messages intended only for Judge Gilliland’s law clerks may be sent to the specified email address.
For pre-Markman issues needing resolution, parties must email a joint submission of their positions to the Court after filing the CRSR.
Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerk with both sides’ positions.
The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.
The responding party must submit its email response within 3 business days.
The responding party’s discovery-dispute email response is limited to 500 words for one issue or 1,000 words combined for multiple issues.
Discovery-dispute submissions should include proposed relief written as exact court-order language for each disputed issue.
The Court encourages discovery-dispute submissions in Word using a table format that clearly presents issues and requested relief.
For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.
After the opposing response, the requesting party must email issue summaries to both judges’ law clerks and copy opposing counsel.
Within 7 days after a discovery hearing, parties must submit a joint proposed order containing positions, requested relief, and understanding of the ruling.
Parties must provide an editable proposed order with disputed language shown in red and blue text.
To seek expanded venue/jurisdiction discovery limits, parties must meet and confer first and then contact the law clerk for a telephonic hearing if impasse remains.
Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.
Transfer motions have fixed filing and briefing deadlines, and late filing requires good cause plus leave of court.
Transfer-motion briefing is limited to 15 pages for opening, 15 pages for response, and 5 pages for reply.
Parties with transfer motions must file status reports at specified milestones tied to briefing readiness and Markman hearing timing.
If a transfer motion is still pending one week before Markman, the movant must email chambers (and technical advisor if appointed) to report that status.
Before an early motion to dismiss indirect or willful infringement claims, the movant must first meet and confer with the opposing party.
A motion to dismiss under this section must include a certification of compliance with the OGP.
Dismissal agreements under this section must be filed as a joint notice, not as a motion.
Opening Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.
Response Markman briefs are limited to 20 pages (1-2 patents), 30 pages (3-5 patents), and for more than 5 patents 30 pages plus 5 pages per patent over 5 up to 45 pages.
Reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.
Sur-reply Markman briefs are limited to 10 pages (1-2 patents), 15 pages (3-5 patents), and for more than 5 patents 15 pages plus 2 pages per patent over 5 up to 21 pages.
The joint claim construction statement should identify which side proposed each term or state that it was jointly proposed.