On May 6, 2015, Chief Judge Ron Clark of the Eastern District of Texas signed General Order 15-12, which amends the Local Rules for the District.[i] While regular practitioners in the District are encouraged to read the amendments in their entirety, one amendment will be particularly impactful for patent litigation in the District.
Sub-rule CV-7(n) has been added to the Local Rule to govern Motions in Limine. New Local Rule CV-7(n) reads as follows:
LOCAL RULE CV-7 Pleadings Allowed; Form of Motions and Other Documents
(n) Motions in Limine. Motions in limine should be contained within a single document subject to the page limitations of LOCAL RULE CV-7(a)(2) for non-dispositive motions.
In the past, litigants in the District (and particularly patent litigants) would file numerous separately styled Motions in Limine each covering a separate request. By doing so, each separate Motion was subject to a page limit of 15 pages under Local Rule CV-7(a)(2). For example, in the past, a defendant might file 10 separate Motions in Limineand enjoy a 15 page limit per motion (for a total of 150 pages). Under the new rule, however, litigants are subject to 15 pages total for an omnibus Motion in Limine absent a page extension granted by the Court.