Procedure

A patent case is a procedural sequence as much as a doctrinal one. Venue determines the schedule, the schedule determines the budget, and a Markman ruling will often determine the outcome. The pages below walk through how a federal patent action moves from filing to appeal, plus the parallel paths through the International Trade Commission and the Federal Circuit.

• Markman hearingsWhen and how district courts construe disputed claim terms. The Phillips hierarchy applied through local patent rules.
• Patent venue28 U.S.C. § 1400(b) after TC Heartland and In re Cray. Mandamus practice and § 1404(a) transfer.
• Local patent rules comparedE.D. Tex. Patent Rules, N.D. Cal. Patent Local Rules, the Delaware Default Standard, and W.D. Tex. orders.
• Eastern District of Texas Patent RulesP.R. 3-1 infringement contentions, P.R. 3-3 invalidity contentions, P.R. 4-1 to 4-6 claim construction.
• N.D. Cal. Patent Local RulesPatent L.R. 3-1 to 3-9 contentions and the 4-1 to 4-6 claim construction schedule.
• Patent discoveryFederal Rules baseline plus local patent rules: infringement contentions, invalidity contentions, source code, and prosecution bars.
• Standing in patent casesTitle and "all substantial rights." Co-owner joinder. MedImmune and declaratory judgment.
• ITC Section 337 investigations19 U.S.C. § 1337. Domestic industry, importation, exclusion orders, and the 16–18 month timeline.
• Federal Circuit appeals28 U.S.C. § 1295. Standards of review and the panel-then-en-banc structure of appellate review.