Judge Alan D Albright
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings
Required • Binding: Electronic
Filings (All filings)
Required
Adjournments
Must Include
- 1Reason For Request
Communication
Chambers
Chambers
Chambers
Chambers
Phone
Chambers
Clerk
Detailed Drafting Rules
If parties cannot resolve conflicts between this OGP and prior versions, they are encouraged to seek guidance by emailing the Court’s law clerk.
If there are conflicts between this OGP and prior versions in existing cases that the parties are unable to resolve, the parties are encouraged to contact the Court for guidance via email to the Court’s law clerk.
Direct to: Chambers
Parties should direct inquiries to the Court’s law clerk by email, which is the preferred contact method.
Parties should generally email any inquiries to the Court’s law clerk. The Court’s voicemail is not checked regularly. Email is the preferred contact method.
Direct to: Chambers
Parties should generally use the shared law clerk email address for Judges Albright and Gilliland.
Parties should generally use the following email address that includes the Court’s law clerks for both Judge Albright and Judge Gilliland: TXWDml_LawClerks_WA_JudgeAlbright&Gilliland@txwd.uscourts.gov.
Direct to: Chambers
Messages intended only for Judge Albright’s law clerks may be sent to the specified email address.
Messages directed only to Judge Albright’s law clerks may be sent to: TXWDml_LawClerks_WA_JudgeAlbright@txwd.uscourts.gov.
Direct to: Chambers
Messages intended only for Judge Gilliland’s law clerks may be sent to the specified email address.
Messages directed only to Judge Gilliland’s law clerks may be sent to: TXWDml_NoJudge_Chambers_WA_JudgeGilliland@txwd.uscourts.gov.
Direct to: Chambers
For pre-Markman issues needing resolution, parties must email a joint submission of their positions to the Court after filing the CRSR.
If the parties have any pre-Markman issues needing resolution, the parties shall email the Court a joint submission of the parties’ positions after filing the CRSR so the Court can consider whether to hold a hearing to resolve these issues.
Direct to: Chambers
The requesting party’s discovery-dispute summary email is limited to 500 words for one issue or 1,000 words combined for multiple issues.
If the parties remain at an impasse after lead counsel have met and conferred, the requesting party shall email a summary of the issue(s) and specific relief requested to all counsel of record. The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues.
The responding party must submit its email response within 3 business days.
The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Pre-Motion Conference
A pre-motion conference is mandatory before filing. You must submit a letter first.
Letter Requirements
The responding party’s discovery-dispute email response is limited to 500 words for one issue or 1,000 words combined for multiple issues.
The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
The Court encourages discovery-dispute submissions in Word using a table format that clearly presents issues and requested relief.
The Court encourages the parties to provide their submission in a Word document in the following table format, which clearly identifies the disputed issues and specific relief requested.
DOCX
For disputes about extensions of time and similar procedural issues, the Court prefers use of this discovery-dispute procedure.
The procedure outlined below is also the Court’s preferred mechanism for handling disputes regarding procedural matters such as extensions of time, excess pages, narrowing claims and prior art, amending invalidity and infringement contentions, etc.
After the opposing response, the requesting party must email issue summaries to both judges’ law clerks and copy opposing counsel.
Once the opposing party provides its response, the requesting party shall email the summaries of the issues to the Court’s law clerks for both Judge Albright and Judge Gilliland with opposing counsel copied.
Direct to: Chambers
Parties must provide an editable proposed order with disputed language shown in red and blue text.
Parties shall send an editable version of the proposed order to the Court’s law clerk with any disputed language 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.
If a party believes these limits should be expanded, the party shall meet and confer with opposing counsel and, if an impasse is reached, the requesting party is directed to contact the Court’s law clerk for a telephonic hearing.
Phone
Direct to: Chambers
- Advance Notice RequiredContact after meet-and-confer impasse.
Transfer-motion briefing is limited to 15 pages for opening, 15 pages for response, and 5 pages for reply.
1. Opening – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief 3. Reply – 5 pages, due 14 days after the Response brief
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.
In addition, if by 1 week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court’s law clerk (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.
Direct to: Chambers
- Advance Notice RequiredIf unresolved by 1 week before the Markman hearing.
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.
Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 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.
Response 20 pages 30 pages 30 pages, plus 5 (Plaintiff) additional pages for each patent over 5 up to a maximum of 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.
Reply 10 pages 15 pages 15 pages, plus 2 (Defendant) additional pages for each patent over 5 up to a maximum of 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.
Sur-Reply 10 pages 15 pages 15 pages, plus 2 (Plaintiff) additional pages for each patent over 5 up to a maximum of 21 pages
The parties must email an editable copy of the joint claim construction statement to the Court’s law clerks after briefing concludes.
After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court’s law clerks.
Direct to: Chambers
- Advance Notice Requiredafter_briefing_concludes
Without leave of court, cumulative opening-brief page limits are 40 pages per side for MSJs, 40 for Daubert motions, and 15 for MILs.
However, absent leave of Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side, for all Daubert motions is 40 pages per side, and for all MILs is 15 pages per side.
Responsive MSJ, Daubert, and MIL briefs are limited to the greater of opening-brief pages used or local-rule limits, and total responsive pages may not exceed total opening pages used.
Each responsive MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.
Document Type
Responsive Brief
Reply briefs follow local rules but cumulative caps are 20 pages per side for MSJs, 20 per side for Daubert motions, and 10 for MILs.
Reply brief page limits shall be governed by the local rules, but in no event shall the cumulative pages of reply briefs exceed 20 pages per side for all MSJs, 20 pages per side for all Daubert motions, and 10 pages for all MILs.
Physical copies are no longer required for Markman, summary judgment, and Daubert submissions; parties must coordinate with the law clerk at least ten days before hearing to provide electronic materials via Box.
The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions. Instead, the parties shall jointly contact the Court’s law clerk, at least ten days before the hearing, for a Box link to provide an electronic copy of the briefs, 10 exhibits, and the optional technology tutorial.
When filing specified documents, parties must email the law clerk an editable Word version.
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties shall also email the Court’s law clerk a Word version of the filed documents.
Parties presenting confidential information at a remote hearing must email the law clerk to request a private, non-public Zoom setup.
Any party who intends to present confidential information in a remote hearing shall email and notify the Court’s law clerk to request a private Zoom setup that will not be publicly broadcasted.
Direct to: Chambers
Pleadings, motions, and submissions must use minimum 12-point font, double spacing, letter-size paper, and one-inch margins, with limited single-spacing exceptions.
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.
Pleadings, motions, and submissions must be endorsed with the case style and document name.
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½” x 11” with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document.
Document Type
Pleading Motion Or Submission
Case-management motions under Local Rule CV-7 are subject to a 10-page limit, including listed examples such as stay, continuance, and amendment motions.
With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be “case management motions” where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.
When post-trial briefing is complete, parties must email law clerks that same day with pending motions and any hearing request.
On the same day that post-trial briefing is completed, the parties shall email the Court’s law clerks with a list of the pending motions and request a hearing, if desired.
Direct to: Chambers
- Advance Notice Requiredon the same day that post-trial briefing is completed
The District Clerk’s Office may be contacted by email at the listed address.
The Office can be reached at TXWDWacoDistrictClerksOffice@txwd.uscourts.gov or 254-750-1501.
Direct to: Clerk
Parties must jointly email law clerks to confirm the Markman date and report unripe venue or jurisdictional motions.
Parties to jointly email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
Direct to: Chambers
Parties must email law clerks an editable copy of the Joint Claim Construction Statement.
Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.
Direct to: Chambers
Parties must jointly email the Court’s law clerk to confirm pretrial conference and trial dates.
Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm their pretrial conference and trial dates.
Direct to: Chambers
- Advance Notice Required8 weeks before trial
Email is the preferred contact method for inquiries to the Court's law clerk.
Parties should generally email any inquiries to the Court's law clerk. The Court's voicemail is not checked regularly. Email is the preferred contact method.
Direct to: Chambers
- Status Inquiries
Use specific email address for contacting law clerks for both judges.
Parties should generally use the following email address that includes the Court's law clerks for both Judge Albright and Judge Gilliland: TXWDml_LawClerks_WA_JudgeAlbright&Gilliland@txwd.uscourts.gov.
Direct to: Chambers
Use specific email address for Judge Albright's law clerks only.
Messages directed only to Judge Albright's law clerks may be sent to: TXWDml_LawClerks_WA_JudgeAlbright@txwd.uscourts.gov.
Direct to: Chambers
Use specific email address for Judge Gilliland's law clerks only.
Messages directed only to Judge Gilliland's law clerks may be sent to: TXWDml_NoJudge_Chambers_WA_JudgeGilliland@txwd.uscourts.gov.
Direct to: Chambers
Summary and response limited to 500 words per issue (1,000 for multiple), response due in 3 business days
The summary of the issue shall not exceed 500 words for one issue or a combined 1,000 words for multiple issues. The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Response to discovery dispute summary due in 3 business days
The responding party has 3 business days thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.
Notice Required
Before deadline or appearance
Response brief limited to 15 pages, due 14 days after venue discovery or opening brief.
2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery, if such discovery is conducted; otherwise, 14 days after the Opening brief
Reply brief limited to 5 pages, due 14 days after response brief.
3. Reply – 5 pages, due 14 days after the Response brief
Markman briefing page limits based on number of patents
Brief 1-2 Patents 3-5 Patents More than 5 Patents Opening 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Response 20 pages 30 pages 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages Sur-Reply 10 pages 15 pages 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages
Physical copies no longer required for Markman, MSJ, and Daubert motions.
The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions.
Electronic
Court cannot receive USB drives due to security concerns.
The Court can no longer receive USB drives due to security concerns, but the technical advisors can.
Electronic
Documents must use 12-point font, double-spacing, 8.5"x11" paper, 1-inch margins, and case style endorsement.
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½" x 11" with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document. Headings, footnotes, and quotations more than two lines long may be single-spaced.
Case management motions (stay, continuance, amend pleadings) are subject to 10-page limit under Local Rule CV-7.
With respect to calculating page limits for motions not otherwise addressed in this Order, such that Local Rule CV-7 applies, at least the following are examples of motions the Court considers to be "case management motions" where the 10-page limit shall apply: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.
Parties must email law clerks with pending motions list and hearing request upon completing post-trial briefing.
On the same day that post-trial briefing is completed, the parties shall email the Court's law clerks with a list of the pending motions and request a hearing, if desired.
Direct to: Chambers
Parties must jointly email law clerks 19 weeks after CMC to confirm Markman date and venue/jurisdiction status.
19 weeks after CMC Parties to jointly email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
Direct to: Chambers
- Status Inquiries