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Local Patent Rules in Texas Federal Courts
Three of Texas's four federal districts have written local patent rules, and the fourth relies on judges' standing orders.
· Law checked through October 20, 2026
In Short
Three of Texas's four federal districts have written local patent rules, and the fourth relies on judges' standing orders. The rules force each side to lay out its case early: the patent owner charts how each accused product meets each asserted claim, and the accused infringer charts its prior art. Theories left out of these contentions can be excluded later, so the deadlines matter from the first weeks of a case.
Common situations.
- A defendant served in the Eastern District of Texas wants to know when its invalidity contentions are due.
- A patent owner learns new facts in discovery and wants to add a product to its contentions.
- A party asks how many claims or prior art references it may assert at trial.
What contentions are.
- Infringement contentions identify each asserted claim, each accused product, and where each claim element is found in each product, and whether infringement is literal or by equivalents. They also state the priority date claimed for each patent.
- Invalidity contentions identify each item of prior art, explain whether it anticipates or renders each claim obvious (including the motivation to combine references), and chart it element by element. They also state any indefiniteness, enablement, or written description defenses.
- Accompanying production. The patent owner produces documents about early sales, conception, and the file history. The accused infringer produces the prior art and documents showing how the accused products work, including source code where relevant.
Contentions narrow the case and give notice. They can be amended only as the rules allow, usually after claim construction or on a showing of good cause.
The four districts compared.
| District | Rules | Infringement contentions | Invalidity contentions | Claim construction hearing |
|---|---|---|---|---|
| Eastern | Local Patent Rules (effective Feb. 22, 2005, as amended) | 10 days before the initial case management conference (P.R. 3-1) | 35 days after that conference (P.R. 3-3) | About two weeks after the reply brief (P.R. 4-6); dates usually set by docket control order |
| Northern | Second Amended Miscellaneous Order No. 62 (effective Oct. 1, 2019), for Dallas Division cases | 7 days before the initial case management conference (3-1(a)) | 45 days after the infringement contentions (3-3(a)) | Within about two weeks after the response brief (4-6) |
| Southern | Rules of Practice for Patent Cases (effective Jan. 1, 2008, as amended) | Set by scheduling order; the court's template suggests 2 weeks after the scheduling conference | Template suggests 6 weeks after infringement contentions | Template suggests about 15 weeks after the joint claim construction statement |
| Western | No district-wide patent rules; each judge's standing orders control | Under the Waco order (OGP 4.0), 7 days before the case management conference | Under OGP 4.0, 7 weeks after that conference | Under OGP 4.0, a placeholder about 23 weeks after that conference |
Scheduling orders in individual cases often change these default dates. Always check the docket control or scheduling order and the assigned judge's standing orders.
Eastern District of Texas details.
- Claim construction steps. The parties exchange terms to be construed 10 days after invalidity contentions (P.R. 4-1), exchange proposed constructions 20 days later (P.R. 4-2), and file a joint claim construction statement 60 days after invalidity contentions (P.R. 4-3). Briefing follows on a 45-, 14-, and 7-day cycle (P.R. 4-5).
- Amendments. Infringement contentions may be amended without leave within 30 days after the claim construction ruling, and invalidity contentions within 50 days, if the ruling or the other side's amendment requires it. Other amendments need good cause (P.R. 3-6).
- Opinions of counsel. A party that will rely on an opinion of counsel must produce it, and related documents, by the date in the docket control order or lose the right to rely on it (P.R. 3-7).
- Limits on claims and prior art. Under the district's model order, the patent owner narrows to no more than 10 claims per patent and 32 total after claim construction discovery, then to 5 per patent and 16 total before expert reports. The accused infringer narrows to 12 prior art references per patent and 40 total, then to 6 per patent and 20 total, counting each obviousness combination as a separate reference at that final stage (E.D. Tex. Gen. Order 13-20). Judges often enter this order or a version of it.
Western District of Texas details.
The Waco order used by Judge Albright (OGP 4.0) stayed most discovery until after the claim construction hearing, opened fact discovery the next business day, limited the number of claim terms (8 to 12, depending on the number of patents), and set trial about 52 weeks after the hearing. Other judges in the district use their own scheduling orders. After Judge Albright's resignation effective August 31, 2026, litigants should confirm which procedures the assigned judge follows.
Sources.
- E.D. Tex. Patent Rules, P.R. 3-1 to 3-7, 4-1 to 4-6.
- E.D. Tex. General Order 13-20, Model Order Focusing Patent Claims and Prior Art to Reduce Costs.
- N.D. Tex. Second Amended Miscellaneous Order No. 62 (effective Oct. 1, 2019).
- S.D. Tex. Rules of Practice for Patent Cases and Scheduling Order Template.
- W.D. Tex. Standing Order Governing Proceedings (OGP) 4.0, Patent Cases (Mar. 7, 2022).
This guide is general information, not legal advice. Law checked through October 20, 2026. See the Disclaimer.