Revised May 1, 2026
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PLAINTIFF,
Plaintiff,
V. Civil Action No.[ ]
DEFENDANT,
Defendant.
SCHEDULING ORDER INGN-PATENT CASE]
This day of ,20 ,the Court having conducted an initial
Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), 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. Unless otherwise agreed to by the
parties, the parties shall make their initial disclosures required by Federal Rule of
Civil Procedure 26(a)(1) within five days ofthe date of this Order.
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
3. Discovery.
a. Discovery Cut Off. All discovery in this case shall be initiated
so that it will be completed on or before .
b. Document Production. Document production shall be
completed on or before .
c. Requests for Admission. A maximum of requests for
admission are permitted for each side.
d. Interrogatories. A maximum of interrogatories, including
contention interrogatories, are permitted for each side.
e. Depositions.
i. Limitation on Hours for Deposition Discovery.
Each side is limited to a total of hours oftaking 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 District 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 or by agreement ofthe parties. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be
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considered as having filed an action in this Court for the purpose of
this provision.
4. Pinpoint Citations. Pinpoint citations are required in all briefing,
letters, and concise statements of facts. The Court will ignore any assertions of
controverted facts and controverted legal principles not supported by a pinpoint
citation to, as applicable: the record, an attachment or exhibit, and/or case law or
appropriate legal authority. See United States v. Dunkel,927 F.2d 955,956
(7th Cir. 1991)("Judges are not like pigs, hunting for truffles buried in briefs.").
5. 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 submit it to the
Court within ten days from the date ofthis Order.
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 as confidential 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.
6. Disputes Relating to Discovery Matters and Protective Orders.
Should counsel find they are unable to resolve a dispute relating to a discovery
matter or protective order, the parties shall contact the Court's Case Manager to
schedule an in-person conference/argument.
a. Unless otherwise ordered, by no later than 72 hours prior to the
conference/argument, the party seeking relief shall file with the Court a
letter, not to exceed 750 words pages, outlining the issues in dispute and the
party's position on those issues. The party shall submit as attachments to its
letter(1) an averment of counsel that the parties made a reasonable effort to
resolve the dispute and that such effort included oral communication that
involved Delaware counsel for the parties, and (2)a draft order for the
Court's signature that identifies with specificitv the relief sought by the
party. The party shall file concurrently with its letter a motion that in no
more than one paragraph sets forth the relief sought. The motion also shall
have attached to it the draft order for the Court's signature that identifies
with specificitv the relief sought by the party.
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b. By no later than 48 hours prior to the conference/argument, any
party opposing the application for relief may file a letter, not to exceed 750
words, outlining that party's reasons for its opposition.
c. Two hard copies of the parties' letters and attachments must be
provided to the Court within one hour of e-filing the document(s). The hard
copies shall comply with paragraphs 4, 9, and 16 ofthis Order.
7. If a motion concerning a discovery matter or protective order is filed
without leave ofthe Court that does not comport with the procedures set forth in
this paragraph, the motion will be denied without prejudice to the moving party's
right to bring the dispute to the Court through the procedures set forth in this
paragraph.
8. Papers Filed Under Seal. When filing papers under seal, counsel shall
deliver to the Clerk an original and two copies ofthe papers. A redacted version of
any sealed document shall be filed electronically within seven days ofthe filing of
the sealed document.
9. Hard Copies. The parties shall provide to the Court two hard copies
of all letters filed pursuant to paragraph 6 ofthis Order, all briefs, and any other
document filed in support of any such letters and briefs (i.e., the concise statement
offacts filed pursuant to paragraph 11 ofthis Order, appendices, exhibits,
declarations, affidavits, etc.). This provision also applies to papers filed under seal.
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Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by
a tabs. (Accordingly, each brief filed in support of or opposition to a motion in
limine set forth in the pretrial order must be separated by a tab.) Each exhibit and
attachment shall have page numbers ofsome sort such that a particular page of an
exhibit or attachment can be identified by a page number. The parties shall take all
practical measures to avoid filing multiple copies ofthe same exhibit or
attachment. The parties should highlight the text of exhibits and attachments they
wish the Court to read. The parties are encouraged to include in an exhibit or
attachment only the pages ofthe document in question that(1)identify the
document (e.g., the first page of a deposition transcript or the cover page of a
request for discovery) and (2)are relevant to the issue(s) before the Court
10. Disclosure of Expert Testimonv.
a. 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 . The supplemental
disclosure to contradict or rebut evidence on the same matter identified by
another party is due on or before . Reply expert reports from
the party with the initial burden of proof are due on or before
. No other expert reports will be permitted without either the
consent of all parties or leave ofthe Court. Along with the submissions of
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the expert reports, the parties shall advise ofthe dates and times oftheir
experts' availability for deposition. Depositions of experts shall be
completed on or before .
b. Objections to Expert Testimonv. 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 ofEvidence 702, it shall be made by motion no later than the deadline
for dispositive motions set forth herein, unless otherwise ordered by the
Court.
11. Case Dispositive Motions and Daubert Motions.
a. No Earlv Motions Without Leave. All case dispositive motions
and the opening briefs and affidavits supporting such motions shall be
served and filed on or before . No case dispositive
motion under Rule 56 may be filed more than ten days before this date
without leave ofthe Court. Reply briefs for any motions under Rule 56 shall
be due on or before [three months before the pretrial
conference]. Should the parties later stipulate or otherwise request to have
the reply brief deadline extended, the parties will lose their trial date upon
the court's granting the extension and no new trial date will be given until
the dispositive motion(s) has(have) been decided.
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b. Motions to be Filed Separately. A party shall not combine into
a single motion multiple motions that rely in whole or in part on different
facts.
c. Ranking of Summary Judgment Motions. A party that files
more than one summary judgment motion shall number each motion to make
clear the order in which the party wishes the Court to consider the motions
in question. The first motion the party wishes the Court to consider shall be
designated #1, the second motion shall be designated #2, and so on. The
Court will review the party's summary judgment motions in the order
designated by the party. Ifthe Court decides to deny a motion filed by the
party, barring exceptional reasons determined sua sponte by the Court, the
Court will not review any further summary judgment motions filed by the
party.
d. Ranking ofDaubert Motions. A party that files more than one
Daubert motion shall number each motion to make clear the order in which
the party wishes the Court to consider the motions in question. The first
motion the party wishes the Court to consider shall be designated #1, the
second motion shall be designated #2, and so on. The Court will review the
party's Daubert motions in the order designated by the party. Ifthe Court
decides to deny a motion filed by the party, barring exceptional reasons
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determined sua sponte by the Court, the Court will not review any further
Daubert motions filed by the party. Ifthe Court denies a Daubert motion
and the party that brought the motion does not cross examine the expert
witness at trial about the matters raised in the Daubert motion, the Court will
reduce by an appropriate amount the time allotted to that party at trial.
e. Concise Statement ofFacts Requirement. Any motion for
summary judgment shall be accompanied by a separate concise statement
detailing each material fact as to which the moving party contends that there
are no genuine issues to be tried that are essential for the Court's
determination ofthe summary judgment motion (not the entire case).' A
party must submit a separate concise statement of facts for each summary
judgment motion. Any party who opposes the motion shall file and serve
with its opposing papers a separate document containing a single concise
statement that admits or disputes the facts set forth in the moving party's
concise statement, as well as sets forth all material facts as to which it is
contended there exists a genuine issue necessary to be litigated.
The party must detail each materialfact in its concise statement of facts. The
concise statements of facts play an important gatekeeping role in the Court's
consideration of summary judgment motions.
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f. Focus of the Concise Statement. When preparing the separate
concise statement, a party shall reference only the material facts that are
absolutely necessary for the Court to determine the limited issues presented
in the motion for summary judgment(and no others), and each reference
shall contain a citation to a particular affidavit, deposition, or other
document that supports the party's interpretation ofthe material fact.
Documents referenced in the concise statement may, but need not, be filed in
their entirety if a party concludes that the fiill context would be helpful to the
Court(e.g., a deposition miniscript with an index stating what pages may
contain key words may often be useful). The concise statement shall
particularly identify the page and portion ofthe page ofthe document
referenced. The document referred to shall have relevant portions
highlighted or otherwise emphasized. The parties may extract and highlight
the relevant portions of each referenced document, but shall ensure that
enough of a document is attached to put the matter in context. If a party
determines that an entire deposition transcript should be submitted, the party
should consider whether a miniscript would be preferable to a full-size
transcript. If an entire miniscript is submitted, the index ofterms appearing
in the transcript must be included, if it exists. When multiple pages from a
single document are submitted, the pages shall be grouped in a single
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exhibit. Concise statements offact shall comply with paragraphs 4, 9, and
16 of this Order.
g. Word Limits for Concise Statement. The concise statement in
support of or in opposition to a motion for summary judgment shall be no
longer than 1,500 words.
h. Affidavits and Declarations. Affidavits or declarations setting
forth facts and/or authenticating exhibits, as well as exhibits themselves,
shall be attached only to the concise statement (i.e., not briefs).
i. Scope of Judicial Review. When resolving motions for
summary judgment, the Court shall have no independent duty to search and
consider any part ofthe record not otherwise referenced in the separate
concise statements ofthe parties. Further, the Court shall have no
independent duty to review exhibits in their entirety, but rather will review
only those portions ofthe exhibits specifically identified in the concise
statements. Material facts set forth in the moving party's concise statement
will be deemed admitted unless controverted by a separate concise statement
of the opposing party.
12. Applications bv Motion. Except as otherwise specified herein, any
application to the Court shall be by written motion. Any non-dispositive motion
should contain the statement required by Local Rule 7.1.1.
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13. Pretrial Conference. On ,the Court will hold a
Rule 16(e)final pretrial conference in court with counsel beginning at .m.
The parties shall file a joint proposed final pretrial order in compliance with Local
Rule 16.3(c) no later than 5:00 p.m. on [21 days
before the Pretrial Conference]. Unless otherwise ordered by the Court, the parties
shall comply with the timeframes set forth in Local Rule 16.3(d)for the
preparation ofthe proposed joint final pretrial order.
14. Motions in Limine. Motions shall not be separately filed.
All in limine requests and responses thereto shall be set forth in the proposed
pretrial order. Each party shall be limited to three 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 of750 words of argument and may be opposed by a maximum of750
words of argument, and the party making the in limine request may add a
maximum of250 words 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 750-word submission (and, if the moving party, a 250-word
reply). No separate briefing shall be submitted on in limine requests, unless
otherwise permitted by the Court.
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15. Page/Word Limitations. Where page limits are specified by order or
rule, the parties shall use a word-count limit. For each page allowed by order or
rule, the parties shall use up to 250 words. For example, where the page limit
specified by rule is 20 pages, the maximum number of words for a party's
submission would be 5,000(20 x 250). A certification as to the total number of
words must be included in any submission.
16. Font. The text for all briefs, letters, motions, and concise statements
offact shall be 14-point and in Times New Roman or similar typeface. Each such
filing must include a certification by counsel that the filing complies with the type,
font, and word limitations set forth in this Order. The person who prepares the
certification may rely on the word count ofthe word-processing system used to
prepare the filing.
17. Compendium of Cases. A party may submit with any briefing two
courtesy copies of a compendium ofthe selected authorities on which the party
would like the Court to focus. The parties should not include in the compendium
authorities for general principles or uncontested points oflaw (e.g., the standards
for summary judgment or claim construction). An authority that is cited only once
by a party generally should not be included in the compendium. An authority
already provided to the Court by another party should not be included in the
compendium. Compendiums of cases shall not be filed electronically with the
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Court, but a notice of service of a compendium of cases shall be filed electronically
with the Court. Compendiums shall comply with paragraph 9 of this Order.
18. Jury Instructions. Voir Dire, and Special Verdict Forms. If a case is to
be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should
file (i) proposed voir dire,(ii) preliminary jury instructions,(iii) final jury
instructions, and (iv) special verdict forms no later than 5:00 p.m. on
[21 days before the Pretrial Conference].
The parties shall submit simultaneously with filing each ofthe foregoing four
documents in Word format to cfc
[email protected].
19. Trial. This matter is scheduled for a -day trial beginning
at 8:30 a.m. on with the subsequent trial days
beginning at 8:30 a.m. Until the case is submitted to the jury for deliberations, the
jury will be excused each day at 5:00 p.m. The trial will be timed, as counsel will
be allocated a total number of hours in which to present their respective cases.
20. Relevant Deadlines and Dates. All relevant deadlines and dates
established by this Order are set forth in the chart attached as Exhibit A.
Colm F. Connolly
United States District Court Judge
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Revised May 1, 2026
EXHIBIT A
Counsel Shall Provide a Chart of All
Relevant Deadlines
Event;.',;: Deadline
