REVISED March 2025
For Patent Cases
SCHEDULING ORDER
This ____ day of ________, 202__, the Court having conducted an initial Rule 16
scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and Local
Rule 16.1 on ___________, 202__, and the parties having determined after discussion that the
matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding
arbitration;
IT IS ORDERED that:
1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard. Unless
otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order. If they
have not already done so, the parties are to review the Court’s Default Standard for Discovery,
Including Discovery of Electronically Stored Information (“ESI”), which is posted on Magistrate
Judge Burke’s section of the Court’s website (http://www.ded.uscourts.gov) under the
“Guidelines” tab, and is incorporated herein by reference.
2. Joinder of Other Parties and Amendment of Pleadings. All motions to join
other parties, and to amend or supplement the pleadings shall be filed on or before ___________,
202_.
3. Application to Court for Protective Order. Should counsel find it will be
necessary to apply to the Court for a protective order specifying terms and conditions for the
disclosure of confidential information, counsel should confer and attempt to reach an agreement
on a proposed form of order and file it with the Court within ten (10) days from the date of this
Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel
must follow the provisions of Paragraph 7(g) below.
Any proposed protective order must include the following paragraph:
Other Proceedings. By entering this order and limiting the
disclosure of information in this case, the Court does not intend to
preclude another court from finding that information may be
relevant and subject to disclosure in another case. Any person or
party subject to this order who becomes subject to a motion to
disclose another party’s information designated “confidential” [the
parties should list any other level of designation, such as “highly
confidential,” which may be provided for in the protective order]
pursuant to this order shall promptly notify that party of the motion
so that the party may have an opportunity to appear and be heard
on whether that information should be disclosed.
4. Papers Filed Under Seal. When filing papers under seal, counsel shall follow
the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the
Administrative Procedures Governing Filing and Service by Electronic Means. A redacted
version of any sealed document shall be filed electronically within seven (7) days of the filing of
the sealed document.
Should any party intend to request to seal or redact all or any portion of a transcript of a
court proceeding (including a teleconference), such party should expressly note that intent at the
start of the court proceeding. Should the party subsequently choose to make a request for sealing
or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
for sealing/redaction, and include as attachments: (1) a copy of the complete transcript
highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and
(2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking
redactions must demonstrate why there is good cause for the redactions and why disclosure of
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the redacted material would work a clearly defined and serious injury to the party seeking
redaction.
5. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies
of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits,
declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless
ordered differently by the Court, such copies must be provided to the Court by no later than noon
the business day after the filing is made electronically.
6. [Eliminate this paragraph in ANDA cases] Disclosures. Absent agreement
among the parties, and approval of the Court:
a. If one or more of the patents-in-suit have already been licensed or the
subject of a settlement agreement, either: (1) Plaintiff shall provide the licenses and/or
settlement agreements to Defendant no later than _____________, or (2) if Plaintiff requires a
Court Order to make such disclosures, Plaintiff shall file any necessary proposed orders no later
than _____________. Plaintiff shall represent in the scheduling order that it is complying or has
complied with this requirement.
b. By ___________, Plaintiff shall identify the accused product(s), including
accused methods and systems, and its damages model, as well as the asserted patent(s) that the
accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each
asserted patent.
c. By ___________, Defendant shall produce core technical documents
related to the accused product(s), sufficient to show how the accused product(s) work(s),
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including but not limited to non-publicly available operation manuals, product literature,
schematics, and specifications. Defendant shall produce sales figures for the accused product(s).
d. By ___________, Plaintiff shall produce an initial claim chart relating
each known accused product to the asserted claims each such product allegedly infringes.
e. By ___________, Defendant shall produce its initial invalidity contentions
for each asserted claim, as well as the known related invalidating references.
f. By ___________, Plaintiff shall provide final infringement contentions.
g. By ___________, Defendant shall provide final invalidity contentions.
h. The parties, if they think it necessary, should set times in the schedule for
reducing the number of asserted claims and asserted prior art used for anticipation and
obviousness combinations. The usual points where the Court will consider such limits are before
claim construction and after a ruling on claim construction.
7. Discovery. Unless otherwise ordered by the Court, the limitations on discovery
set forth in Local Rule 26.1 shall be strictly observed.
a. Discovery Cut Off. All discovery in this case shall be initiated so that it
will be completed on or before ________, 202_.
b. Document Production. Document production shall be substantially
complete by _______, 202_.
c. Requests for Admission. A maximum of ___ requests for admission are
permitted for each side.
d. Interrogatories.
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i. A maximum of ___ interrogatories, including contention
interrogatories, are permitted for each side.
ii. The Court encourages the parties to serve and respond to
contention interrogatories early in the case. In the absence of agreement among the parties,
contention interrogatories, if served, shall first be addressed by the party with the burden of
proof. The adequacy of all interrogatory answers shall, in part, be judged by the level of detail
each party provides; i.e., the more detail a party provides, the more detail a party shall receive.
e. Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is
limited to a total of __ hours of taking testimony by deposition upon oral examination.
ii. Location of Depositions. Any party or representative (officer,
director, or managing agent) of a party filing a civil action in this Court must ordinarily be
required, upon request, to submit to a deposition at a place designated within this district.
Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
action in this Court for the purpose of this provision.
f. Disclosure of Expert Testimony.
i. Expert Reports. For the party who has the initial burden of proof
on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or
before ___________, 202_. The supplemental disclosure to contradict or rebut evidence on the
same matter identified by another party is due on or before ____________, 202_. Reply expert
reports from the party with the initial burden of proof are due on or before ___________, 202_.
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No other expert reports will be permitted without either the consent of all parties or leave of the
Court. Along with the submissions of the expert reports, the parties shall advise of the dates and
times of their experts’ availability for deposition.
ii. Expert Report Supplementation. The parties agree they [will] [will
not] [CHOOSE ONE] permit expert declarations to be filed in connection with motions briefing
(including case-dispositive motions).
iii. Objections to Expert Testimony.
[For ANDA cases] To the extent any objection to expert testimony is
made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S.
579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later
than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.
Briefing will be presented pursuant to the Court’s Local Rules.
[For non-ANDA cases] To the extent any objection to expert testimony is
made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S.
579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later
than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
Briefing on such motions is subject to the page limits set out in connection with briefing of case
dispositive motions.
g. Discovery Matters and Disputes Relating to Protective Orders.
i. Any discovery motion filed without first complying with the
following procedures will be denied without prejudice to renew pursuant to these procedures.
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ii. Should counsel find, after good faith efforts—including verbal
communication among Delaware and Lead Counsel for all parties to the dispute—that they are
unable to resolve a discovery matter or a dispute regarding a protective order (other than that
involving the initial drafting of a protective order, which is discussed further below), the parties
involved in the discovery matter or protective order dispute shall file a joint letter in substantially
the following form:
Dear Judge Burke:
The parties in the above-referenced matter
write to request the scheduling of a
discovery teleconference.
The following attorneys, including at least
one Delaware Counsel and at least one Lead
Counsel per party, participated in a verbal
meet-and-confer (in person and/or by
telephone) on the following date(s):
Delaware Counsel: ___________________
Lead Counsel: _______________________
The disputes requiring judicial attention are
listed below:
[provide here a non-argumentative list of
disputes requiring judicial attention]
iii. The moving party (i.e., the party seeking relief from the Court)
should also file a “Motion For Teleconference To Resolve Discovery Dispute.” The suggested
text for this motion can be found in Judge Burke’s section of the Court’s website, in the “Forms”
tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.”
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iv. The Court will thereafter set a discovery dispute telephone
conference and a briefing schedule. The movant’s opening letter brief shall include as
attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief
requested of the Court; and (2) to the extent that the dispute relates to responses to certain
discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in
dispute. To the extent that factual issues are disputed or are otherwise central to the Court’s
analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations
or affidavits regarding those issues. The parties should also consult and follow Judge Burke’s
“Guidelines for Discovery Disputes,” which is found in the “Guidelines” tab on Judge Burke’s
section of the District Court’s website. The parties shall also comply with paragraph 5 regarding
the submission of courtesy copies; if they fail to do so, the telephone conference may be
cancelled.
v. Should the Court find further briefing necessary upon the
conclusion of the telephone conference, the Court will order it. Alternatively, the Court may
choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the
conference.
vi. Should counsel find, after good faith efforts—including verbal
communication among Delaware and Lead Counsel for all parties to the dispute—that they are
unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved
in the dispute shall file a joint letter in substantially the following form:
Dear Judge Burke:
The parties in the above-referenced matter
write to request the scheduling of a
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teleconference to resolve a protective order
dispute.
The following attorneys, including at least
one Delaware Counsel and at least one Lead
Counsel per party, participated in a verbal
meet-and-confer (in person and/or by
telephone) on the following date(s):
Delaware Counsel: ___________________
Lead Counsel: _______________________
The disputes requiring judicial attention are
listed below:
[provide here a non-argumentative list of
disputes requiring judicial attention]
vii. The parties shall also file a “Joint Motion For Teleconference To
Resolve Protective Order Dispute.” The suggested text for this motion can be found in Judge
Burke’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery
Matters - Joint Motion to Resolve Protective Order Dispute.”
viii. The Court will thereafter set a protective order dispute
teleconference and a briefing schedule. Along with their respective letter briefs, each side should
include as an attachment the side’s proposal as to how the content of the disputed portion(s) of
the protective order should read. The parties shall also comply with paragraph 5 regarding the
submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
ix. Should the Court find further briefing necessary upon the
conclusion of the telephone conference, the Court will order it. Alternatively, the Court may
choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the
conference.
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8. Motions to Amend.
a. Any motion to amend a pleading shall NOT be accompanied by an
opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced
pages, describing the basis for the requested relief, and shall attach the proposed amended
pleading as well as a “blackline” comparison to the prior pleading.
b. Within seven (7) days after the filing of a motion in compliance with this
Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
single-spaced pages.
c. Within three (3) days thereafter, the moving party may file a reply letter,
not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
requesting a teleconference to address the motion to amend.
9. Motions to Strike.
a. Any motion to strike any pleading or other document or testimony shall
NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to
exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall
attach the document to be stricken.
b. Within seven (7) days after the filing of a motion in compliance with this
Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
single-spaced pages.
c. Within three (3) days thereafter, the moving party may file a reply letter,
not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
requesting a teleconference to address the motion to strike.
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10. Motions to Stay.
a. Any motion to stay shall NOT be accompanied by an opening brief but
shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing
the basis for the requested relief.
b. Within seven (7) days after the filing of a motion in compliance with this
Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
single-spaced pages.
c. Within three (3) days thereafter, the moving party may file a reply letter,
not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
requesting a teleconference to address the motion to stay.
11. Tutorial Describing the Technology and Matters in Issue. The parties may
(though they are not required to) provide the Court, no later than the date on which the Joint
Claim Construction Brief is due, with a tutorial on the technology at issue. In this regard, the
parties may separately submit a DVD/flash drive containing a tutorial that is not more than 30
minutes in length. The tutorial should focus on the technology at issue and should not be used to
argue claim construction contentions. The parties may choose to file their tutorial(s) under seal,
subject to any protective order in effect. Each party may comment, in writing (in no more than 5
pages) on the opposing party’s tutorial. Any such comment shall be filed no later than seven
days after the Joint Claim Construction Brief is due. As to the format selected, the parties should
confirm the Court’s technical abilities to access the information contained in the tutorial.
12. Claim Construction Issue Identification. On ____________, 202_, the parties
shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and
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their proposed claim construction of those term(s)/phrase(s). This document will not be filed
with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
Joint Claim Construction Chart to be filed with the Court on ____________, 202_. The Joint
Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to
[email protected]. The parties’ Joint Claim Construction Chart should
identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each
party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic
evidence in support of their respective proposed constructions. A copy of the patent(s) at issue
as well as those portions of the intrinsic record relied upon shall be submitted with this Joint
Claim Construction Chart. In this joint submission, the parties shall not provide argument.
13. Claim Construction Briefing. Plaintiff shall serve, but not file, its opening
brief, not to exceed 20 pages, on claim construction on or before ____________, 202_.
Defendant shall serve, but not file, its answering claim construction brief, not to exceed 30
pages, on or before ____________, 202_. Plaintiff shall serve, but not file, its reply brief, not to
exceed 20 pages, on or before ____________, 202_. Defendant shall serve, but not file, its sur-
reply brief, not to exceed 10 pages, on or before ____________, 202_. No later than
_____________, the parties shall file a Joint Claim Construction Brief. The parties shall copy
and paste their unfiled briefs into one brief, with their positions on each claim term in sequential
order, in substantially the form below:
I. Agreed-upon Constructions
II. Disputed Constructions
A. [TERM 1]
1. Plaintiff’s Opening Position
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2. Defendant’s Answering Position
3. Plaintiff’s Reply Position
4. Defendant’s Sur-Reply Position
B. [TERM 2]
1. Plaintiff’s Opening Position
2. Defendant’s Answering Position
3. Plaintiff’s Reply Position
4. Defendant’s Sur-Reply Position
The parties need not include any general summaries of the law relating to claim construction. If
there are any materials that would be submitted in an appendix, the parties shall file them in a
joint appendix.
Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for
Claim Construction” that requests the Court to adopt the claim construction position(s) of that
party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument
and shall simply state that the party “requests that the Court adopt the claim construction
position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ]).”
14. Hearing on Claim Construction. Beginning at _______ _.m. on ___________,
202_, the Court will hear argument on claim construction. The parties shall notify the Court, by
joint letter submission, no later than the date on which the Joint Claim Construction Brief is due:
(i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are
requesting be allocated to them for the hearing; and (iii) the order in which they intend to present
the claim terms at issue, including which side will present first for each term. Provided that the
parties comply with all portions of this Scheduling Order, and any other orders of the Court, the
Court will endeavor to issue its claim construction order within sixty (60) days of the conclusion
of the claim construction hearing.
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15. Interim Status Report. On _______, 202_, counsel shall file a joint letter with
the Court with an interim report on the nature of the matters in issue and the progress of
discovery to date. Thereafter, if the Court deems it necessary, it will schedule a status
conference.
16. Supplementation. Absent agreement among the parties, and approval of the
Court, no later than _____________________, the parties must finally supplement, inter alia, the
identification of all accused products and of all invalidity references.
17. Case Dispositive Motions.
[For ANDA cases] Absent agreement between the parties, and prior approval from the
Court, the Court will not hear case dispositive motions in ANDA cases.
[For non-ANDA cases] a. All case dispositive motions, an opening brief, and
affidavits, if any, in support of the motion shall be served and filed on or before ____________,
202_ . Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.
b. No early motions without leave. No case dispositive motion under Rule
56 may be filed more than ten (10) days before the above date without leave of the Court. A
party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set
forth above shall do so by filing a motion and an accompanying letter brief with the Court of no
more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion
should be permitted. If any party wishes to contest this request, it may do so by filing a
responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from
the date the requesting party filed its brief. No reply briefs shall be filed.
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c. Concise Statement of Facts Requirement. Any motion for summary
judgment shall be accompanied by a separate concise statement, not to exceed six pages, which
details each material fact that the moving party contends is essential for the Court’s resolution of
the summary judgment motion (not the entire case) and as to which the moving party contends
there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered
paragraph and shall be supported by specific citation(s) to the record.
Any party opposing the motion shall include with its opposing papers a response
to the moving party’s concise statement, not to exceed six pages, which admits or disputes the
facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To
the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to
the record. Failure to respond to a fact presented in the moving party’s concise statement of facts
shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing
the motion may also include with its opposing papers a separate concise statement, not to exceed
four pages, which sets forth material facts as to which the opposing party contends there is a
genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a
separate numbered paragraph and shall be supported by specific citation(s) to the record.
d. The moving party shall include with its reply papers a response to the
opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-
paragraph basis.
e. Page limits combined with Daubert motion page limits. Each party is
permitted to file as many case dispositive motions as desired; provided, however, that each SIDE
will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40
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pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of
the number of case dispositive motions that are filed. In the event that a party files, in addition to
a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an
expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert
motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs,
and 25 pages for all reply briefs for each SIDE. 1
f. Hearing. The Court will hear argument on all pending case dispositive
and Daubert motions on ____________________ beginning at _______ _.m. [The parties
should propose a date approximately two to three months prior to the requested pretrial
conference date.]
18. Applications by Motion. Except as otherwise specified herein, any application
to the Court shall be by written motion filed with the Court. Any non-dispositive motion should
contain the statement required by Local Rule 7.1.1.
19. Pretrial Conference. On ________, 202_, the Court will hold a pretrial
conference in court with counsel beginning at _____ _.m. [The parties should request a date
approximately two to four weeks prior to their requested trial date.] Unless otherwise ordered by
the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the
joint proposed final pretrial order with the information required by the form of Patent Pretrial
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The parties must work together to ensure that the Court receives no more than a
total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding
the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are
covered by this scheduling order and any other scheduling order entered in any related case that
is proceeding on a consolidated or coordinated pretrial schedule.
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Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website
(www.ded.uscourts.gov), on or before ________, 202_. [The parties should insert a date no less
than seven (7) days before the requested pretrial conference date.] Unless otherwise ordered by
the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for
the preparation of the joint proposed final pretrial order.
As noted in the Patent Pretrial Order, the parties shall include in their joint proposed
pretrial order, among other things:
a. a request for a specific number of hours for their trial presentations, as
well as a requested number of days, based on the assumption that in a typical jury trial day (in
which there is not jury selection, jury instruction, or deliberations), there will be 5 ½ to 6 ½
hours of trial time, and in a typical bench trial day there will be 6 to 7 hours of trial time;
b. their position as to whether the Court should allow objections to efforts to
impeach a witness with prior testimony, including objections based on lack of completeness
and/or lack of inconsistency;
c. their position as to whether the Court should rule at trial on objections to
expert testimony as beyond the scope of prior expert disclosures, taking time from the parties’
trial presentation to argue and decide such objections, or defer ruling on all such objections
unless renewed in writing following trial, subject to the proviso that a party prevailing on such a
post-trial objection will be entitled to have all of its costs associated with a new trial paid for by
the party that elicited the improper expert testimony at the earlier trial; and;
d. their position as to how to make motions for judgment as a matter of law,
whether it be immediately at the appropriate point during trial or at a subsequent break, whether
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the jury should be in or out of the courtroom, and whether such motions may be supplemented in
writing.
20. Motions in Limine. Motions in limine shall not be separately filed. All in limine
requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall
be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
request and any response shall contain the authorities relied upon; each in limine request may be
supported by a maximum of three (3) single-spaced pages of argument and may be opposed by a
maximum of three (3) single-spaced pages of argument, and the party making the in limine
request may add a maximum of one (1) additional single-spaced page in reply in support of its
request. If more than one party is supporting or opposing an in limine request, such support or
opposition shall be combined in a single three (3)-page single-spaced submission (and, if the
moving party, a single one (1)-page single-spaced reply), unless otherwise ordered by the Court.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the
Court.
21. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to
be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir
dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
three (3) full business days before the final pretrial conference. This submission shall be
accompanied by a courtesy copy containing electronic files of these documents, in Word format,
which may be submitted by e-mail to the trial judge’s staff.
22. Trial. This matter is scheduled for a __ day ____ [jury/bench] trial beginning at
9:30 a.m. on _________, 202_, with the subsequent trial days beginning at 9:00 a.m. Until the
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case is submitted to the jury for deliberations, the jury will be excused each day at 4:30 p.m. The
trial will be timed, as counsel will be allocated a total number of hours in which to present their
respective cases.
23. [Eliminate this paragraph in ANDA cases] Judgment on Verdict and Post-
Trial Status Report. Within seven (7) days after a jury returns a verdict in any portion of a jury
trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same
time, the parties shall file a joint status report, indicating among other things how the case should
proceed and listing any post-trial motions each party intends to file.
24. Post-Trial Motions.
[For ANDA cases] The parties will address the post-trial briefing schedule and page
limits in the proposed final pretrial order.
[For non-ANDA cases] Unless otherwise ordered by the Court, all SIDES are limited to
a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply
briefs relating to any post-trial motions filed by that side, no matter how many such motions are
filed.
____________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE
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[Counsel Shall Provide a Chart of All Relevant Deadlines]
EVENT DEADLINE
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