S.D. Tex. P. R. 3-6 — Amended and Final Contentions – Leave of Court Not Required: the court's own rule, verbatim from RULES OF PRACTICE FOR PATENT CASES IN THE SOUTHERN DISTRICT OF TEXAS ((Amended April 18, 2022)), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Southern District of Texas alongside the federal rules and any judge-specific procedures.
Each party’s “Preliminary Infringement Contentions” and “Preliminary Invalidity Contentions” will be that party’s final contentions, except as set forth below. (a) If a party claiming patent infringement has good cause to believe that the material produced by an opposing party under P.R. 3-4 requires amendment of its “Preliminary Infringement Contentions” with respect to the information required by P.R. 3-1(c) and (d), leave of court is not required. These amended contentions must be served within a reasonable time after the opposing party’s document production. (b) If a party claiming patent infringement has good cause to believe that the Court’s Claim Construction Ruling requires “Final Infringement Contentions” amending its “Preliminary Infringement Contentions” with respect to the information required by P.R. 3-1(c) and (d), leave of court is not required. These Final Infringement Contentions must be served by the deadline set in the Scheduling Order. (c) By the deadline set in the Scheduling Order, each party opposing a claim of patent infringement may serve, without leave of court, “Final Invalidity Contentions” that amend that party’s “Preliminary Invalidity Contentions” with respect to the information required by P.R. 3-3, if either: (1) a party claiming patent infringement has served amended infringement contentions under P.R. 3-6(a) or “Final Infringement Contentions” under P.R. 3-6(b), or (2) the party opposing a patent infringement claim has good cause to believe that the Court’s Claim Construction Ruling requires the amendment.
Each party’s “Preliminary Infringement Contentions” and “Preliminary Invalidity Contentions” will be that party’s final contentions, except as set forth below. (a) If a party claiming patent infringement has good cause to believe that the material produced by an opposing party un