This post summarizes some of the significant developments in the
Eastern District of Texas and the Western District of Texas for the
month of May 2019. One recent order from the Eastern District of
Texas strongly suggests all expert opinion must be served at the
Patent Rule 4-3 deadline. The patent docket in the Western District
of Texas is growing quickly, and Judge Albright recently issued an
order denying a defendant's 35 U.S.C. § 101 motion to
dismiss. This is one of only a few orders by the new judge on
patentable subject matter. These orders are discussed below.
Fractus, S.A. v. AT&T Mobility LLC: What must
experts disclose at the P.R. 4-3 deadline?
In Fractus, S.A. v. AT&T Mobility LLC, Judge
Gilstrap provided new guidance on Patent Rule 4-3(b) ("Joint
Claim Construction and Prehearing Statement"). Civil Action
No. 2:18-cv-135-JRG, Mem. Op. and Order, ECF 223 (E.D. Tex. March
19, 2019). The court ruled that, after disclosure of expert
testimony pursuant to
