The Eastern District of Texas originally claimed fame partially through its implementation of its original local patent rules. Patterned after the local patent rules of districts like the Northern District of California with heavy intellectual property dockets, and the original “rocket docket” in the Eastern District of Virginia, the Eastern District of Texas used the patent rules to speed up its patent trials, as well as its civil case docket in general. Typically complex, drawn-out affairs, patent litigation suddenly became streamlined in a Texas federal court located in the tiny Texas town of Marshall, drawing national attention.
Now, with its recent implementation of its own set of local patent rules, the Northern District of Texas attempts to make headway of its own on the national intellectual property scene and demonstrates its seriousness about its participation in the new federal pilot program. Whether it achieves the same notoriety as the Eastern District remains to be seen. Certainly the Eastern District boasts more than simply a speedy docket. It has gained its reputation by stacking its bench with a judiciary that has become highly savvy in the worlds of engineering and technology. But the Northern District bench does not sit light in those areas itself, and it has the advantage of being located in a major metropolitan area. Thus, if the Northern District manages to accomplish the same speedy “rocket docket” trial reputation, and combines it with expertise and its desirable geography, it will certainly give the Eastern District a run for its money in the “something to talk about” department. Not least because it will be a district most attractive to the multi-million dollar corporate clientele that tends to take up the space on each side of those intellectual property case captions.
Certainly, though, the Northern District has its work cut out for it. The patent rules contain numerous mechanisms to eliminate the traffic jams typically caused by intellectual property litigation. They allow the district to conduct speedier patent trials and civil cases in general by placing strict time constraints on parties’ pretrial activities, such as discovery and claim construction, and by clarifying positions early in the case. The rules eliminate discovery disputes by scheduling mandatory early conferences with the court, with obligations that push parties to be liberal in their disclosure and production, and to produce any relevant materials. Claim term lists and proposed claim constructions must be served early. These provisions, among others, ensure the relatively smooth and continuous flow of patent cases, and prevent them from obstructing the smooth and continuous flow of other cases. Nevertheless, it will be truly interesting to watch as the Northern District implements the pilot program and attempts to remedy the congestion of a docket for one of the busiest metropolitan districts in the nation. Interesting and, if successful, a true achievement and benefit to the bar and the state.