EXHIBIT B
PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY
PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON
CASE NAME:
CASE NO:
Plaintiff(s) Defendant(s)
Matter Deadline Request Request
Disclosure of Asserted Claims Scheduling Conference
and Infringement Contentions and Date plus fourteen (14)
Document Production days (N.D. Patent L.R. 3-1
Accompanying Disclosure (N.D. and 3-2).
Patent L.R. 3-1(a)-(h) to 3-2(a)-
(e)).
Last Day to File Motions to Add Scheduling Conference
Parties and Amend Pleadings Date plus sixty (60) days.
Disclosure of Invalidity Deadline for Infringement
Contentions and Production Contentions Disclosure
Accompanying Invalidity plus forty-nine (49) days
Contentions 1 (N.D. Patent L.R. 3- (adapted from N.D. Patent
3(a)-(d) to 3-4(a)-(b)). L.R. 3-3).
Exchange of Proposed Terms for Deadline for Invalidity
Construction (N.D. Patent L.R. 4- Contentions Disclosure
1(a)-(b)). plus fourteen (14) days 2
(N.D. Patent L.R. 4-1).
Exchange of Preliminary Claim Exchange of Proposed
Constructions and Extrinsic Terms for Construction
Evidence (N.D. Patent L.R. 4- plus fourteen (14) days
2(a)-(c). (adapted from N.D. Patent
L.R. 4-2).
Damages Contentions and Deadline for Invalidity
Accompanying Document Contentions Disclosure
Production (N.D. Patent L.R. 3-8) plus forty-nine (49) days.
1
In a declaratory judgment action in which a party files a pleading seeking declaratory judgment that a patent is invalid,
and where the parties anticipate that no claim or counterclaim of infringement will be asserted (in this or any other
proceeding), the parties shall alter their proposed dates in accordance with N.D. Patent L.R. 3-5.
2
Similarly, in any action in which patent validity is not expected to be at issue, the parties shall alter their proposed dates
in accordance with N.D. Patent L.R. 4-1(a).
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EXHIBIT B
PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY
PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON
CASE NAME:
CASE NO:
Joint Status Report Regarding Sixty (60) days in advance
Technology Tutorial of the Claim Construction
Hearing (Order Setting
Scheduling Conference).
Completion of Claim Exchange of Preliminary
Construction Discovery 3 (N.D. Claim Constructions and
Patent L.R. 4-4.) Extrinsic Evidence plus
twenty-eight (28) days. 4
Joint Claim Construction and Completion of Claim
Prehearing Statement (N.D. Construction Discovery
Patent L.R. 4-3(a)-(e)). plus seven (7) days.
Opening Claim Construction Deadline for filing of Joint
Briefs 5 Claim Construction and
Prehearing Statement plus
seven (7) days.
Responsive Damages Contentions Deadline for Damages
(N.D. Patent L.R. 3-9) Contentions plus thirty-one
(31) days.
Responsive Claim Construction Deadline for filing of
Briefs Opening Claim
Construction Briefs plus
fourteen (14) days.
Claim Construction Hearing Twenty-five (25) days
after the Responsive Brief
Deadline (set for Tuesday
at 9:00 a.m.).
3
As is implicit in the Northern District Rules, Claim Construction Discovery includes expert discovery addressing issues
related to claim construction.
4
The Court’s procedure deviates from the Northern District Rules by deferring the filing of the Prehearing Statement
until after the Completion of Claim Construction Discovery. (Cf. N.D. Patent L.R. 4-3.)
5
The Northern District Rules contemplate the filing of an opening brief, a responsive brief, and a reply brief. The
Court’s procedure deviates from that practice and instead sets a schedule for the filing of simultaneous opening and
responsive briefs.
2
EXHIBIT B
PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY
PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON
CASE NAME:
CASE NO:
Claim Construction Ruling Date Projected as 94 days
(approximately three
months) after the hearing.
The actual date is likely to
vary and may be earlier or
later.
Production Related to Reliance Thirty-two (32) days after
Upon Advice of Counsel (N.D. the projected Claim
Patent L.R. 3-7(a)-(c).) Construction Ruling Date
(adapted from N.D. Patent
L.R. 3-7).
Fact Discovery Approximately one (1)
Cut-Off month after the deadline
for the Production Related
to Reliance on Advice of
Counsel and 18 weeks
before the Final Pretrial
Conference (“FPTC”).
Last Day to Serve Initial Expert 16 weeks before the FPTC.
Reports (unrelated to claim
construction).
Last Day to File Motions (Except 16 weeks before the FPTC.
Daubert and all other Motions in
Limine).
Last Day to Serve Rebuttal Expert 12 weeks before the FPTC.
Reports (unrelated to claim
construction).
Last Day to Conduct Settlement 9 weeks before the FPTC.
Proceedings.
Expert Discovery Cut-Off. 8 weeks before the FPTC.
Last Day to File Daubert 7 weeks before the FPTC.
Motions.
Last Day to File Motions in 4 weeks before the FPTC.
Limine (excluding Daubert
Motions).
3
EXHIBIT B
PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY
PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON
CASE NAME:
CASE NO:
Final Pre-Trial Conference
(Friday at 10:30 a.m.).
Revised: August 31, 2022
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