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Judge Albright Enters New Standing Order to Resolve Transfer Motions before Markman Hearings
Blog
March 25, 2021
On March 23, Judge Albright entered a new standing order on procedures for filing inter-district transfer motions. If a party has filed an inter-district transfer motion, the party must provide the court with a status report once the motion is fully briefed and ready for resolution no later than six weeks prior to the Markman hearing. The court will either enter an order resolving the motion prior to the Markman hearing or postpone the hearing. The court specifically stated that it will not conduct a Markman hearing until the transfer motion is resolved.
If a party currently has a pending motion with a Markman hearing less than six weeks from the date of the order, he has requested that parties file a status report within five business days.
He has also specifically ordered that a motion for inter-district transfer cannot be filed within eight weeks of the Markman hearing without showing good cause for any delay and leave of court.
A link to the standing order may be found here.
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This entry has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts.