N.D. Texas Local Patent Rules – New, But In Conflict With KSR.

Effective May 1, 2007, patent cases in the Northern District of Texas are governed by Local Rules on initial disclosures, added points for case management, and claim construction resolution.  In many respects, these rules compare to those in the N.D. California, and other courts and other judges, such as in the S.D. Ohio.

Currency compelled taking note that the new rule on invalidity challenges requires the challenger’s initial disclosure to include preliminary contentions as to: “If a combination of items of prior art makes a claim obvious, each such combination, and the motivation to combine such items, must be identified.”  With the rigid requirement now relaxed, what simple edit might there be to this local rule?  Replace “motivation” with “common sense”?