(a) Not later than twenty (20) days after the exchange of Proposed
Terms, for Construction, the parties shall simultaneously exchange a
preliminary proposed construction of each claim term, phrase, or clause
which any party has identified for claim construction purposes. Each such
Preliminary Claim Construction shall also, for each element which any party
contends is governed by 35 U.S.C. § 112(6), identify the structure(s), act(s),
or material(s) in the specification corresponding to that element.
(b) At the same time the parties exchange their respective
Preliminary Claim Constructions they shall each also provide a preliminary
identification of extrinsic evidence, including without limitation, dictionary
definitions, citations to learned treatises and prior art, and testimony of
percipient and expert witnesses intended to support the respective claim
constructions. The parties shall identify each such item of extrinsic evidence
by production number or produce a copy of any such item not previously
produced. With respect to any such witness, percipient or expert, the parties
shall also provide a brief description of the substance of that witness=
proposed testimony.
(c) The parties shall thereafter meet and confer for the purposes of
narrowing the issues and finalizing preparation of a Joint Claim
Construction Statement.
