Western District of Texas Document Filing Requirements

CRITICALCivil cases

Applies to

Attorney fee request

Requests for attorney’s fees must include an itemized listing of time spent and a reasonable description of services rendered on specified legal services.

At this time, and until modification by this Court, the total amount of payment of allowable and approved attorney's fees and reimbursable expenses under these provisions cannot exceed $5,000 for any one attorney in any one case, and said fees must be supported by an itemized listing of the time spent and reasonable description of services rendered on specified legal services.

CRITICALCivil cases

Applies to

Expense reimbursement worksheet

Supporting documentation, such as receipts, must be attached to the expense reimbursement worksheet.

Supporting documentation, such as receipts, must be attached to this worksheet

CRITICALCivil cases

Applies to

Expense claim

Claims for computer-assisted legal research expenses must include usage statements, an explanation of the amount claimed, total research time, and the applicable database and rate.

Actual out-of-pocket expenses related to computer-assisted legal research must be accompanied by usage statements, along with an explanation of the amount claimed (e.g., proration of a monthly charge or charges identifiable to the specific research), and the total time spent using the computerized system for research, and the applicable database and rate, relating to the civil proceeding the subject of the court appointment.

CRITICALCivil cases

Applies to

Claim

A claim must have the appropriate detailed hourly-fees or expenses worksheet attached, along with all required receipts.

I have attached to this Claim a detailed Hourly fees Worksheet (with a descript ion of services rendered) or a Report of Expenses Claimed Worksheet, as appropriate, along with all required receipts.

CRITICALCivil cases

Applies to

Attorney fee reimbursement claim

The reimbursement claim form includes an attorney certification concerning the fees and expenses claimed.

I certify the above attorney's fees and expenses were included in the preparation and presentation of this case; that these attorney's fees and expenses do not include any costs either waived or recoverable under the provisions of Title 18 or Title 28, United States Code, or which have been recovered under any other plan; and no attorney ' s fees or expenses were awarded pursuant to a judgment before this Court.

CRITICAL

Applies to

Sealed motion

Must include

caption

A sealed motion seeking HSD designation must explain why the document meets the HSD criteria or otherwise warrants heightened HSD protection.

The sealed motion shall explain why the proposed document constitutes an HSD under the criteria set out in paragraph 1 above, or why it should otherwise be subject to the heightened protection for HSDs.

CRITICAL

Applies to

Authorized hsd filing

Must include

certificate of service

A party filing an authorized HSD must submit it to the Clerk's office together with any required certificate of service and, if necessary, the authorizing order.

A party filing an HSD pursuant to a Court Order granting a motion under Paragraph 2 shall submit to the Clerk's office the HSD, any required certificate of service, and, if necessary, a copy of the Court Order authorizing the filing of that document as an HSD.

CRITICALCivil cases

Applies to

Preliminary invalidity contentions

Must include

chart format, prior art producing, technical documents +3 more

Defendant must serve preliminary invalidity contentions 7 weeks after CMC with specific content requirements.

7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

CRITICALCivil cases

Applies to

Joint notice of remaining objections

Parties must file a joint notice 3 business days before Final Pretrial Conference identifying remaining objections to pretrial disclosures and motions in limine disputes.

3 business days before File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

CRITICALCivil cases

Applies to

Notice of related cases

For the Notice of Related Cases, related cases are those sharing at least one asserted patent.

For the Notice of Related Cases, cases shall be considered “related” when they share at least one common asserted patent.

CRITICALCivil cases

Applies to

Motion to enter scheduling order

Parties must file motion to enter agreed scheduling order 2 weeks after CMC; if disputed, joint motion with positions; plaintiff responsible for joint filings if no agreement.

2 weeks after CMC The Parties shall file a motion to enter an agreed Scheduling Order. If the parties cannot agree, the parties shall submit a separate Joint Motion for entry of Scheduling Order briefly setting forth their respective positions on items where they cannot agree. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings.

CRITICALCivil cases

Applies to

Amended preliminary contentions

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material.

CRITICALCivil cases

Applies to

Motion to dismiss

Must include

local rule certificate

A motion to dismiss under this section must include a certification of compliance with the OGP.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

CRITICALCivil cases

Applies to

Notice

Parties must file a notice if venue or jurisdictional discovery will delay a response to a transfer or jurisdictional motion.

Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.

CRITICALCivil cases

Applies to

Proposed final judgment

Joint proposed final judgment must be filed within 14 days of jury verdict; disputed orders require editable version sent to law clerk with red/blue disputed text, no extensive substantive argument.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court’s law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

CRITICALCivil cases

Applies to

Motion to dismiss

Must include

certificate section

Certification of compliance required with motion to dismiss indirect/willful infringement.

The party moving to dismiss must attach a certification of compliance with this OGP to its motion to dismiss.

CRITICALCivil cases

Applies to

Preliminary invalidity contentions

Defendant must serve preliminary invalidity contentions 7 weeks after CMC, including prior art chart, 112/101 contentions, prior art references, and technical documents.

7 weeks after CMC Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

CRITICALCivil cases

Applies to

Preliminary infringement contentions

Plaintiff must serve preliminary infringement contentions 7 days before CMC, including claim element chart, priority date, conception/reduction to practice documents, and patent file history.

7 days before CMC Plaintiff serves preliminary infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

CRITICALCivil cases

Applies to

Non dispositive motion

Must include

proposed order

Proposed Order required for all non-dispositive motions (without "Proposed" in title).

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

CRITICALCivil cases

Applies to

Non dispositive motion

Must include

proposed order

Proposed order required for all non-dispositive motions, with “Proposed” omitted from the title.

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

CRITICALCivil cases

Applies to

Notification of change to asserted patents claims

Parties must notify the Court of any changes to asserted patents or claims, with the notification including a complete listing of all asserted patents and claims and filed within 7 days of the change or court grant of leave.

From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven (7) days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court (for example, if a party is moving for leave to assert additional claims), notification shall not be required until the Court grants leave, at which point the notification must be filed within seven (7) days.

CRITICALCivil cases

Applies to

Non dispositive motion

Must include

proposed order

Proposed Order required for all non-dispositive motions.

For all non-dispositive motions, the parties shall submit a proposed Order.

CRITICALCivil cases

Applies to

Patent case

Plaintiff must file a Notice of Related Cases on the day of filing a patent case.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case. For the Notice of Related Cases, cases shall be considered “related”

CRITICALCivil cases

Applies to

Joint notice

Dismissal agreements under this section must be filed as a joint notice, not as a motion.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

CRITICALCivil cases

Applies to

Proposed final judgment

Must include

joint filing, editable version for disputes

Joint proposed final judgment must be filed within 14 days of jury verdict, with editable version for disputed language.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict. If one party disputes the language of the order, then that party shall send an editable version of the proposed order to the Court's law clerk with the disputed language in red and blue text. The Court discourages the parties from providing extensive substantive argument in the editable version of the proposed judgment.

CRITICALCivil cases

Applies to

Joint claim construction statement

Parties must submit Joint Claim Construction Statement and email editable copy to law clerks within 3 business days after sur-reply.

3 business days after Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.

CRITICALCivil cases

Applies to

Case readiness status report

CRSR must identify all related CRSR cases.

The CRSR shall be filed in each case and identify all other CRSR Related Cases.

CRITICALCivil cases

Applies to

Proposed claim constructions

Parties must exchange proposed claim constructions 11 weeks after CMC.

11 weeks after CMC Parties exchange proposed claim constructions.

CRITICALCivil cases

Applies to

Joint claim construction statement

Must include

word version emailed to law clerk

Word version of Joint Claim Construction Statement, Protective Order, or Scheduling Order must be emailed to law clerk.

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.

CRITICALCivil cases

Applies to

Pleading motion or submission

Must include

caption

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.

CRITICALCivil cases

Applies to

Jury instructions

Disputed preliminary or final jury instructions must cite prior jury instructions from this Court.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court.

CRITICALCivil cases

Applies to

Notice of transcript request

Must include

case number

Notice of request for daily transcript or real-time reporting due 47 weeks after Markman hearing.

47 weeks after Markman File Notice of Request for Daily Transcript or Real Time hearing Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com

CRITICALCivil cases

Applies to

Status report

Parties with transfer motions must file status reports at specified milestones tied to briefing readiness and Markman hearing timing.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.

CRITICALCivil cases

Applies to

Preliminary invalidity contentions

Preliminary invalidity contentions must include specified charts and legal identifications, plus production of referenced prior art and technical operation documents.

Defendant serves preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s).

CRITICALCivil cases

Applies to

Agreement to dismiss

Agreements to dismiss indirect/willful infringement claims must be filed as joint notices, not motions.

An agreement to dismiss under this section shall be filed as a joint notice instead of as a motion.

CRITICALCivil cases

Applies to

Claim construction meet and confer

Parties must meet and confer to narrow disputed terms 13 weeks after CMC.

13 weeks after CMC Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions.

CRITICALCivil cases

Applies to

Preliminary infringement contentions

Preliminary infringement contentions must include a claim chart, earliest priority dates, and specified supporting invention and prosecution-history documents.

Plaintiff serves preliminary 13 infringement contentions in the form of a chart setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit.

CRITICALCivil cases

Applies to

Motion for leave to add patent claims

Adding patent claims by amendment requires leave of court.

Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Within 7 days of a discovery hearing, parties must email a joint proposed order to the law clerk with specified content; failure waives appeal rights.

Written Order. Within 7 days of the discovery hearing, the parties shall email a joint proposed order to the Court’s law clerk that includes the parties’ positions from their dispute chart, the parties’ requested relief, and the parties’ understanding of the Court’s ruling so that the arguments and outcome can be docketed. 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. Failure to provide a proposed written order for the docket results in waiver of the dispute for appeal.

CRITICALCivil cases

Applies to

Proposed final judgment

Parties must file a joint proposed final judgment within 14 days after a jury verdict.

Parties shall file a joint proposed final judgement within 14 days of a jury verdict.

CRITICALCivil cases

Applies to

Notice of related cases

In patent cases, the plaintiff must file a Notice of Related Cases on the same day the case is filed.

When filing a patent case, the Plaintiff shall file a “Notice of Related Cases” on the day of filing the patent case.

CRITICALCivil cases

Applies to

Non dispositive motion

Must include

proposed order

Every non-dispositive motion must include a proposed order, and that order’s title must omit the word “Proposed.”

For all non-dispositive motions, the parties shall submit a proposed Order. The proposed Order shall omit the word “Proposed” from the title.

CRITICALCivil cases

Applies to

Status report

Must include

judge name

Status reports required for transfer motions at multiple deadlines relative to Markman hearings.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and 3) if there are multiple Markman hearings, the status report is due 6 weeks before the first scheduled Markman hearing.

CRITICALCivil cases

Applies to

Joint claim construction statement

Parties must submit a Joint Claim Construction Statement within 3 business days of sur-reply submission.

3 business days after Parties submit Joint Claim Construction Statement and email the submission of sur-reply law clerks an editable copy.

CRITICALCivil cases

Applies to

Status report

Parties with motions to transfer must file status reports indicating if the motion is fully briefed at specified times.

All parties who have filed a motion to transfer shall provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: 1) when the motion to transfer becomes ready for resolution,; 2) at 4 weeks before the Markman hearing date

CRITICALCivil cases

Applies to

Extrinsic evidence disclosure

Must include

item copies, expert identity, testimony scope +1 more

Parties must disclose extrinsic evidence and expert witnesses 12 weeks after CMC with specific requirements.

12 weeks after CMC Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefiniteness. With respect to any expert identified, the parties shall identify the scope of the topics for the witness's expected testimony. 14 With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced.

CRITICALCivil cases

Applies to

Joint notice

Parties must file a joint notice identifying remaining objections to pretrial disclosures and motions in limine disputes.

File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in limine.

CRITICALCivil cases

Applies to

Jury instructions

Jury instructions with disputed language must cite prior instructions from this Court; editable versions with disputed text in red/blue must be sent to the Court’s law clerk.

Preliminary and Final Jury Instructions with disputed language must include citations to prior jury instructions given by this Court. Instructions should exactly track the language of prior instructions to the extent possible. Language from the Court’s most recent Jury Instructions is preferred. Parties shall send an editable version of the proposed instructions to the Court’s law clerk with the disputed language in red and blue text.

CRITICALCivil cases

Applies to

Joint report

Parties must file a Joint Report within 5 business days of the second meet and confer to narrow claims and prior art references.

The parties shall file a Joint Report within 5 business days regarding the results of the meet and confer.

CRITICALCivil cases

Applies to

Preliminary infringement contentions

Preliminary infringement contentions may be amended without leave with counsel certification; adding patent claims requires leave of court.

The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and that the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.