APPENDIX III
Requirements in Patent Cases
I. Duties under Federal Rule of Civil Procedure 26(f) and Local Rule
LR26.1(d)
A. Form of Report
In addition to the requirements set forth in Paragraph I of the Uniform Initial
Order, Form 35: Report of the Parties’ Planning Meeting, is modified in patent cases
to require, under paragraph “4. Other Items,” proposed deadlines as follows:
Pre-Discovery Disclosures due: ________________.
Disclosure of Asserted Claims and Preliminary Infringement Contentions
due: ______________.
Preliminary Invalidity Contention due: _________________.
Exchange of Proposed Terms and Claim Elements for Construction due:
_________________.
Deadline to join additional parties and to amend pleadings:
________________.
Joint Claim Construction and Prehearing Statement due: ______________.
The Statement shall contain information specified in the Patent Rules of this court.
Claim Construction Briefs:
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a. Party claiming patent infringement shall serve and file an opening
brief and evidence in support by _____________.
b. Opposing party shall serve and file responsive brief and
supporting evidence by ________________.
c. Claim construction reply brief due by _____________.
Claim Construction Hearing: Week of (date) . [date and time to be set by
court]
Discovery: Discovery must be commenced in order to be completed by
________________________.
a. Maximum of ____ interrogatories and ____requests for admission
for each side;
b. Maximum of _____ non-expert depositions for each side; parties
must seek leave for further depositions; each deposition limited
to ____ hours unless extended by agreement of parties or by court
order.
Initial expert reports from the party bearing the burden of proof on the issue
regarding which the expert will testify: _____________________.
Opposing expert reports for both parties due: ______________.
Expert Depositions: Depositions of experts must be completed by
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___________.
Daubert motions (if any) deadline: ________________. Responses to
Daubert motions due _________________. Replies due __________.
Dispositive motions deadline: ______________. Movant must file any
briefs and supporting evidence with the motion for summary judgment in order
for the submission to be deemed timely. Responses to dispositive motions are due
____________; replies to responses are due ( insert date five (5) weeks prior to trial
date ).
Final lists of witnesses and exhibits under Rule 26(a)(3) and motions in limine
are due: ________________________.
Objections to final list of witnesses and exhibits and response to motions in
limine due: ___________________.
Joint Proposed Pretrial Order, Proposed Jury Instructions, and Form of
Verdict: [to be set by the court at a later date].
Pretrial Conference [to be set by the court at a later date].
Trial: The parties shall be ready for trial by ( insert date - Monday that falls
one (1) year from the date the case was filed ) .
*The parties may include other interim deadlines that they deem necessary, such as
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deadlines regarding Privilege Logs, Willfulness Issues, etc.
**The final form of the Report under paragraph “4. Other Items,” shall be in
chronologic order.
B. Parties Required to Provide Electronic Copy of Report
In addition to filing the Report of the Parties’ Planning Meeting, the parties
shall provide the court with a copy wordperfect format via email to the chambers
inbox at
[email protected] .
II. Patent Rules
The parties are bound by the Patent Rules of this court which are attached
hereto.
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