On February 25, 2014, Chief Judge Leonard Davis of the Eastern District of Texas issued General Order 14-3, which allows for a "Track B" accelerated discovery schedule in patent infringement lawsuits.
The parties must jointly elect the Track B schedule before the last defendant has answered or moved to dismiss. The court can also order the parties to participate. Under the Track B schedule, the parties must disclose their infringement and invalidity theories and good-faith damages estimates within roughly three months of the defendants answering or moving to dismiss. Interrogatories, requests for production, and requests for admission are limited to five per side before the case- management conference.
The Track B schedule may facilitate early dispositive motion practice or settlement negotiations, and may result in shorter times to trial. Overall, General Order 14-3 has the potential to reduce litigants' costs significantly.
The notable deadlines of the Track B accelerated discovery schedule are summarized below.
Click here to view table.