Motorola Mobility, Inc. v. Apple, Inc.

Filing 211

MOTION to Amend/Correct the Procedural Schedule to Serve Supplemental Invalidity Contentions and Accompanying Memorandum of Law in Support by Motorola Mobility, Inc.. Responses due by 1/17/2012 (Attachments: # 1 Affidavit Cathleen Garrigan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Mullins, Edward)

- Current as of April 21, 2011
APPENDIX M
PATENT RULES
1. SCOPE OF RULES
1-1. Title.

These are the Rules of Practice for Patent Cases before the Eastern District of Texas. They should
be cited as “P. R. __.”

1-2. Scope and Construction.

These rules apply to all civil actions filed in or transferred to this Court which allege infringement
of a utility patent in a complaint, counterclaim, cross-claim or third party claim, or which seek a
declaratory judgment that a utility patent is not infringed, is invalid or is unenforceable. The Court
may accelerate, extend, eliminate, or modify the obligations or deadlines set forth in these Patent
Rules based on the circumstances of any particular case, including, without limitation, the
complexity of the case or the number of patents, claims, products, or parties involved. If any motion
filed prior to the Claim Construction Hearing provided for in P. R. 4-6 raises claim construction
issues, the Court may, for good cause shown, defer the motion until after completion of the
disclosures, filings, or ruling following the Claim Construction Hearing. The Civil Local Rules of
this Court shall also apply to these actions, except to the extent that they are inconsistent with these
Patent Rules. The deadlines set forth in these rules may be modified by Docket Control Order issued
in specific cases.

1-3. Effective Date.

These Patent Rules shall take effect on February 22, 2005 and shall apply to any case filed thereafter
and to any pending case in which more than 9 days remain before the Initial Disclosure of Asserted
Claims is made. The parties to any other pending civil action shall meet and confer promptly after
February 22, 2005, for the purpose of determining whether any provision in these Patent Rules

3-6. Amending Contentions.

(a) Leave not required. Each party’s “Infringement Contentions” and “Invalidity Contentions”
shall be deemed to be that party’s final contentions, except as set forth below.

(1) If a party claiming patent infringement believes in good faith that the Court’s Claim
Construction Ruling so requires, not later than 30 days after service by the Court of its Claim
Construction Ruling, that party may serve “Amended Infringement Contentions” without
leave of court that amend its “Infringement Contentions” with respect to the information
required by Patent R. 3-1(c) and (d).

(2) Not later than 50 days after service by the Court of its Claim Construction Ruling, each
party opposing a claim of patent infringement may serve “Amended Invalidity Contentions”
without leave of court that amend its “Invalidity Contentions” with respect to the information
required by P. R. 3-3 if:

(A) a party claiming patent infringement has served “Infringement Contentions”
pursuant to P. R. 3-6(a), or

(B) the party opposing a claim of patent infringement believes in good faith that the
Court’s Claim Construction Ruling so requires.

(b) Leave required. Amendment or supplementation any Infringement Contentions or Invalidity
Contentions, other than as expressly permitted in P. R. 3-6(a), may be made only by order of the
Court, which shall be entered only upon a showing of good cause.

3-7 Opinion of Counsel Defenses

By the date set forth in the Docket Control Order, each party opposing a claim of patent

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