Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 79

ORDER - Motion practice order as set forth herein. Signed by Magistrate Judge Caroline Craven on 2/23/12. (ehs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

VERTICAL COMPUTER SYSTEMS,
INC.
V.
LG ELECTRONICS MOBILECOMM
USA, INC., ET AL.

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No. 2:10CV490

MOTION PRACTICE ORDER
Due to the large number of patent cases pending on the Court’s docket, resulting in
voluminous motion practice, the Court finds it necessary to implement procedures applying to future
motions to be submitted in recently filed cases. This procedure is necessary to allow the Court to
manage its docket in a timely fashion.
The procedure is as follows:
Summary Judgment Motions: Prior to filing any summary judgment motion, the parties
must obtain permission through the submission of letter briefs to the Court. The opening letter brief
in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no
later than sixty (60) days before the deadline for filing summary judgment motions. Answering letter
briefs in each of those matters shall be no longer than five (5) pages and filed with the Court no later
than fourteen (14) days thereafter. Reply briefs in each of those matters shall be no longer than three
(3) pages and filed with the Court no later than five (5) days thereafter. The Court may hold a
hearing or telephone conference, if necessary, to hear arguments and to determine whether the filing
of any motion will be permitted. Before a summary judgment motion can be filed, the Court must

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have entered an order specifically granting permission to file the motion.
Motions to Strike Expert Testimony/Daubert Motions: Prior to filing any Motions to
Strike Expert Testimony or Daubert Motions, the parties must obtain permission through the
submission of letter briefs to the Court. The opening letter brief in each of those matters shall be no
longer than three (3) pages and shall be filed with the Court no later than sixty (60) days before the
deadline for filing Motions to Strike or Daubert Motions. Answering letter briefs in each of those
matters shall be no longer than three (3) pages and filed with the Court no later than fourteen (14)
days thereafter. Reply briefs in each of those matters shall be no longer than two (2) pages and filed
with the Court no later than five (5) days thereafter. The Court may hold a hearing or telephone
conference, if necessary, to hear arguments and to determine whether the filing of any motion will
be permitted.
Motions in Limine: Prior to filing any Motions in Limine, the parties must meet and confer
and identify those limine items for which there is no opposition. The parties should then, when filing
their respective motions in limine, clearly identify which limine items are unopposed and which are
opposed. Leave of court, through submission of letter briefs, is not necessary prior to filing motions
in limine.
Claim Construction Presentation: The parties shall prepare and present arguments at any
future-scheduled claim construction hearings on a claim-term-by-claim-term basis. The Court has
found that presentation in this manner facilitates discussion as to the core disputes and promotes
judicial efficiency, while presentation on a party-by-party basis is more difficult to follow and less
efficient. Where it makes sense, the parties may group logically-related terms together. Any desired
deviation from these presentation guidelines shall be submitted to the Court by motion.
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For all of the above mentioned motions, any requests to submit letter briefs after the
deadlines outlined above must show good cause. For guidance on how to submit letter briefs to the
Court, see the undersigned’s Standing Order on this topic, which is available on the undersigned’s
web page.
IT IS SO ORDERED.
SIGNED this 23rd day of February, 2012.

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CAROLINE M. CRAVEN
UNITED STATES MAGISTRATE JUDGE

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