E.D. Tex. P. R. 3-7 — Opinion of Counsel Defenses

High confidence· verified September 26, 2026Local Rules

Summary

E.D. Tex. P. R. 3-7 — Opinion of Counsel Defenses: the court's own rule, verbatim from UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LOCAL RULES (as of February 9, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of Texas alongside the federal rules and any judge-specific procedures.

Requirement

By the date set forth in the Docket Control Order, each party opposing a claim of patent infringement that will rely on an opinion of counsel as part of a defense shall: (a) Produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which that party agrees the attorney-client or work product protection has been waived; and (b) Serve a privilege log identifying any other documents, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the opinion(s) which the party is withholding on the grounds of attorney-client privilege or work product protection. A party opposing a claim of patent infringement who does not comply with the requirements of this P. R. 3-7 shall not be permitted to rely on an opinion of counsel as part of a defense absent a stipulation of all parties or by order of the Court, which shall be entered only upon a showing of good cause.

Source of truth

By the date set forth in the Docket Control Order, each party opposing a claim of patent infringement that will rely on an opinion of counsel as part of a defense shall: (a) Produce or make available for inspection and copying the opinion(s) and any other documents relating to th

Official source: E.D. Tex. — Rules & Orders (U.S. District Court, Eastern District of Texas)
Source health: Healthy · checked October 4, 2026
Effective date: February 9, 2026
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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