Eastern District of Texas Adopts Model Order for Focusing Patent Claims and Prior Art
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On Tuesday, October 29, 2013, Chief District Judge Leonard Davis, on behalf of the Eastern District of Texas, adopted a model “Order Focusing Patent Claims and Prior Art To Reduce Costs.” The Model Order’s goal is to reduce the expense of the parties by focusing patent cases on the issues at the core of the dispute. A copy of this Model Order is available HERE.
The Model Order limits the number of patent claims and prior art references that can be raised during a patent infringement lawsuit. The Model Order provides that, by the completion of claim construction discovery, the patent claimant must assert no more than 10 claims from each patent and not more than 32 total claims for all patents-in-suit. If only one patent is at issue, the patent owner may raise no more than 15 total claims.
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