Eastern District of Texas Service and Proof of Service Rules

CRITICALCivil cases

Deadline

45 calendar days

Applies to

Eligibility contentions

A party challenging patent eligibility must serve its Eligibility Contentions on all parties within 45 days after receiving the specified infringement disclosures.

No later than 45 days after receiving service of the “Disclosure of Asserted Claims and Infringement Contentions,” each party alleging that any asserted claim does not qualify as patent- eligible subject matter (“Challenged Claim”) shall serve on all parties its “Eligibility Contentions,” which must contain the following information:

CRITICALCivil cases

Deadline

50 calendar days

Applies to

Amended eligibility contentions

A party may serve Amended Eligibility Contentions without leave no later than 50 days after service of the Claim Construction Ruling if either stated condition is met.

Not later than 50 days after service by the Court of its Claim Construction Ruling, each party may serve “Amended Eligibility Contentions” without leave of court, if: (1) a party claiming patent infringement has served “Amended Infringement Contentions” pursuant to P.R. 3-6(a), or . (2) the party challenging subject-matter eligibility believes in good faith that the Court’s Claim Construction Ruling so requires.

CRITICALCivil cases

Applies to

Summons and complaint

Defendants must be served within 90 days after complaint filing or face dismissal unless good cause is shown.

Any defendant who has not been served with the summons and complaint within ninety days after the filing of the complaint shall be dismissed, without further notice, unless prior to such time the party on whose behalf such service is required shows good cause why service has not been made. See FED. R. CIV. P. 4(m).

WARNING

Applies to

Exhibits

Counsel must assemble trial exhibits and make them available to opposing counsel on or before the date the joint pretrial order is due.

Counsel for each party shall assemble all documents, photographs, or other materials expected to be used at trial. Such documents or copies must be made available to opposing counsel on or before the date the joint pretrial order is due.

WARNINGCivil cases

Applies to

Discovery request

Early Rule 34 requests are not considered served until the Rule 26(f) conference occurs.

Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See FED. R. CIV. P. 26(d)(2). But, these requests are not considered served until the Rule 26(f) conference has occurred.