Claimant the entire Abbreviated New Drug Application or New Drug Application
that is the basis of the case. The Court recognizes that, in cases brought under 21
U.S.C. § 355, scheduling and sequencing provisions distinct from those set forth
in these Local Patent Rules may be appropriate.
(b) Not later than 28 days after service upon it of documents accompanying
the Preliminary Invalidity Contentions pursuant to Rule 3-4 below, a Patent
Claimant may amend its Disclosure of Asserted Claims and Preliminary
Infringement Contentions if the Patent Claimant believes in good faith that the
documents produced by the Alleged Infringer necessitate such an amendment.
The Patent Claimant shall serve on the Alleged Infringer a Notice of Amended
Preliminary Infringement Contentions, including a statement of reasons why the
Patent Claimant believes such amendment is warranted under this subsection.
3-2. Document Production Accompanying Disclosure of Asserted
Claims and Preliminary Infringement Contentions.
With the Disclosure of Asserted Claims and Preliminary Infringement
Contentions, the Patent Claimant must produce to each Alleged Infringer or
make available for inspection and copying:
(a) Documents (e.g., contracts, purchase orders, invoices, advertisements,
marketing materials, offer letters, beta site testing agreements, and third party or
joint development agreements) sufficient to evidence any disclosure, offer to sell,
or sale of any item embodying, practicing, or resulting from the practice of the
claimed invention before the date of application for the patent(s)-in-suit or any
date identified pursuant to Local Patent R. 3-1(vi), whichever is earlier. A party’s
production of a document as required herein shall not constitute an admission that
such document evidences or is prior art under 35 U.S.C. § 102;
(b) With respect to patents that are not governed by the AIA, but instead
are governed by the pre-AIA patent statute, documents evidencing the priority
date identified pursuant to Local Patent R. 3-1(vi); and
(c) A copy of the file history for each patent-in-suit;
(d) All documents concerning ownership of the patent rights by the Patent
Claimant, including documents sufficient to evidence the chain of title of the
patent(s)-in-suit;
(e) Copies of any patent license or any other agreement purporting to
transfer rights relating to the patent(s)-in-suit;
(f) If a Patent Claimant identifies instrumentalities under Local Patent R. 3-
1(a)(vii), documents sufficient to show (i) the operation of any aspects or
elements of each such instrumentality and (ii) the marking of such
instrumentalities under 35 U.S.C. § 287(a); and
(g) All documents comprising or reflecting a F/RAND commitment or
agreement with respect to the patent(s)-in-suit. The Patent Claimant shall
separately identify by production number which documents correspond to each of
the above categories. The Patent Claimant shall timely supplement document
production under this Local Patent R. 3-2 as required by the Federal Rules of Civil
Procedure; however, the act of supplementation does not of itself permit
amendment of the Patent Claimant’s Disclosure of Asserted Claims and
Preliminary Infringement Contentions, which amendment shall instead be
governed by Local Patent R. 3-1(b) and 3-6(a).
3-3. Preliminary Invalidity Contentions.
Not later than 49 days after service upon it of the Disclosure of
Asserted Claims and Preliminary Infringement Contentions, each Alleged
Infringer shall serve on all parties its Preliminary Invalidity Contentions,
which must contain the following information:
(a) The identity of each item of prior art, including patents, printed
publications, prior public use, and prior on sale activity, that allegedly
anticipate(s) each asserted claim or render(s) it obvious. Each prior art patent
shall be identified by its number, country of origin, and date of issuance. Each
prior art publication must be identified by its title, date of publication, and
where feasible, author and publisher. Each alleged sale or public use shall be
identified by specifying the item offered for sale or publicly used or known, the
date the offer or use took place or the information became known, and the
identity of the person or entity which made the use or which made and received
the offer, or the person or entity which made the information known or to
whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. §
102(f) shall be identified by providing the name of the person(s) from whom
and the circumstances under which the invention or any part of it was derived.
For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by
providing the identity of the person(s) or entities involved in and the
circumstances surrounding the making of the invention before the patent
applicant(s);
(b) On a claim-by-claim basis, whether each item of prior art anticipates
each asserted claim or renders it obvious. If a combination of items of prior art
makes a claim obvious, each such combination, and the basis for such allegation,
must be identified;
(c) A chart identifying where specifically in each alleged item of prior art
each element of each asserted claim is found, including for each element that
such party contends is governed by 35 U.S.C. § 112(f), the identity of the
structure(s), act(s), or material(s) in each item of prior art that performs the
claimed function; and
(d) Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness
under 35 U.S.C. § 112(b) or enablement or written description under 35 U.S.C. §
112(a) of any of the asserted claims.
3-4. Document Production Accompanying Preliminary Invalidity
Contentions.
With the Preliminary Invalidity Contentions, the Alleged Infringer must produce
or make available for inspection and copying:
(a) Source code, specifications, schematics, flow charts, artwork, formulas,
or other documentation sufficient to show the operation of any aspects or
elements of an Accused Instrumentality identified by the Patent Claimant in its
Local Patent R. 3-1(a)(iii) chart. If the Patent Claimant contends that compliance
with this section requires the production of particular documentation (e.g., source
code), the Alleged Infringer may request, and the Patent Claimant is obliged to
produce, the same information as to any apparatus, product, device, process,
method, act or other instrumentality that it has identified pursuant to Local
Patent R. 3-1(a)(vii), above; and
(b) A copy of each item of prior art identified pursuant to Local Patent R.
3-3(a) which does not appear in the file history of the patent(s) at issue. To the
extent any such item is not in English, an English translation of the portion(s)
relied upon must be produced; and
(c) Documents sufficient to show the gross sales revenue and number of
units sold in the United States for each Accused Instrumentality for the six (6)
year period preceding the filing of the complaint or, if shorter, (b) from the date
of issuance of the asserted patent(s).
(d) The Alleged Infringer shall timely supplement document
production under this Local Patent R. 3-4 as required by the Federal Rules of
Civil Procedure; however, the act of supplementation does not of itself permit
amendment of the Alleged Infringer’s Preliminary Invalidity Contentions, which
amendment shall instead be governed by Local Patent R. 3-6(a) and (b).
3-5. Disclosure Requirement in Patent Cases for Declaratory
Judgment.
(a) Invalidity Contentions If No Claim of Infringement. In all cases in which
a party files a complaint or other pleading seeking a declaratory judgment that a
patent is not infringed, is invalid, or is unenforceable, Local Patent R. 3-1 and 3-2
shall not apply unless and until a claim for patent infringement is made by a party.
If the defendant in such a declaratory judgment lawsuit does not assert a claim for
patent infringement in responding to the complaint, no later than 14 days after the
defendant serves its answer, or 14 days after the initial Rule 16 Scheduling
Conference, whichever is later, the party seeking a declaratory judgment of
invalidity (on that basis alone or among other bases) must serve upon each
opposing party its Preliminary Invalidity Contentions that conform to Local Patent
R. 3-3 and produce or make available for inspection and copying the documents
described in Local Patent R. 3-4. The parties shall meet and confer within 14 days
of service of the Preliminary Invalidity Contentions for the purpose of determining
the date on which the plaintiff will file its Final Invalidity Contentions, which shall
be no later than 49 days after filing by the Court of its Claim Construction Ruling.
(b) Inapplicability of Rule. This Local Patent R. 3-5 shall not apply to cases
in which a request for a declaratory judgment that a patent is not infringed, is
invalid, or is unenforceable is filed in response to a claim alleging infringement
of the same patent.
3-6. Final Contentions.
The Disclosure of Asserted Claims and Preliminary Infringement
Contentions and Preliminary Invalidity Contentions shall be deemed to be that
party’s final contentions, except as set forth below.
(a) If a Patent Claimant believes in good faith that the Court’s Claim
Construction Ruling necessitates a modification of its preliminary position, that
party may serve Final Infringement Contentions without leave of Court that amend
its Disclosure of Asserted Claims and Preliminary Infringement Contentions with
respect to the information required by Local Patent R. 3-1(a)(iii), (iv) and (v). The
Patent Claimant may seek leave of Court, for good cause shown, to assert
infringement with respect to an Accused Instrumentality not disclosed in the
Disclosure of Asserted Claims and Preliminary Infringement Contentions. Any
Final Infringement Contentions must be served no later than 28 days after the
Court files its Claim Construction Ruling.
(b) Not later than 49 days after the Court files its Claim Construction
Ruling, each Alleged Infringer may serve Final Invalidity Contentions without
leave of Court that amend its Preliminary Invalidity Contentions with respect to
the information required by Local Patent R. 3-3 if: (i) a Patent Claimant has
served Final Infringement Contentions pursuant to Local Patent R. 3-6(a), or (ii)
the Alleged Infringer believes in good faith that the Court’s Claim Construction
Ruling necessitates a modification of its preliminary position. Leave of Court
upon good cause shown is required to the extent the Alleged Infringer seeks to
rely on prior art not disclosed in the Preliminary Invalidity Contentions.
3-7. Amendment to Contentions
Amendment or modification of (i) the Disclosure of Asserted Claims and
Preliminary Infringement Contentions or the Preliminary Invalidity Contentions
(other than as expressly permitted by Local Patent R. 3-1(b) or 3-6, above), or (ii)
the Final Infringement Contentions or the Final Invalidity Contentions, may only
be made by order of the Court, upon a showing of good cause. The application for
amendment shall disclose whether the adverse party consents or objects.
3-8. Willfulness. Not later than 49 days after filing by the Court of its
Claim Construction Ruling, each Alleged Infringer that will rely on an opinion of
counsel as part of a defense to a claim of willful infringement shall:
(a) Produce or make available for inspection and copying the opinion(s)
and any other documents relating to the opinion(s) as to which the attorney-
client privilege or work product rule has been waived;
(b) Detail in writing any oral advice and produce or make available for
inspection and copying documents related thereto for which the attorney-client
privilege or work product rule has been waived; and
(c) Serve a privilege log identifying any other documents, except those
authored by counsel who has acted solely as litigation counsel, relating to the
subject matter of the opinion(s) which the party is withholding on the grounds of
attorney-client privilege or work product rule.
An Alleged Infringer that does not comply with the requirements of this
Rule shall not be permitted to rely on an opinion of counsel as part of a defense to
willful infringement, (i) absent a stipulation of all parties, or (ii) by order of the
Court, which shall be entered only upon a showing of good cause.
4. CLAIM CONSTRUCTION PROCEEDINGS
4-1. Exchange of Proposed Terms and Claim Elements for
Construction.
(a) Not later than 42 days after service of the Preliminary Invalidity
Contentions pursuant to Local Patent R. 3-3, the parties shall simultaneously
exchange Proposed Terms and Claim Elements for Construction, which shall
include (i) a list of claim terms, phrases, or clauses which that party contends
should be construed by the Court, and (ii) the identification of any claim element
which that party contends should be governed by 35 U.S.C. § 112(6).
(b) Within 7 days thereafter, the parties shall meet and confer in good faith
for the purpose of narrowing the claim terms to be construed, narrowing or
resolving differences, and facilitating the ultimate preparation of a Joint Claim
Construction Chart and Joint Prehearing Statement, as set forth in Subsection 4-3,
below.
4-2. Exchange of Preliminary Claim Constructions and Extrinsic
Evidence.
(a) Not later than 21 days after the exchange of Proposed Terms and Claim
Elements for Construction pursuant to Local Patent R. 4-14-1, the parties shall
simultaneously exchange a preliminary proposed construction (“Preliminary Claim
Construction”) that shall address each claim term, phrase, or clause that the parties
have 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), specifically identify the asserted function and shall also
identify by column: line number and specific description, the structure(s), act(s), or
material(s) 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 fact and expert witnesses they intend to
advance in support of their 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 --
fact or expert -- the parties shall also provide a brief description of the substance of
that witness’ proposed testimony. A party may identify a fact or expert witness
within 30 days of the opposing party’s identification of a fact or expert witness
under this subparagraph 4-2(b) with an accompanying brief description of
proposed testimony referenced immediately above. Final expert reports shall
accompany the Joint Prehearing Statement described in subparagraph 4-3(b),
below.
(c) Within 7 days thereafter, the parties shall meet and confer in good faith
to discuss, among other topics, each of the claim elements the parties have
identified in their Proposed Terms and Claim Elements for Construction, for the
purpose of narrowing the issues and preparing a Joint Claim Construction Chart
and Joint Prehearing Statement, as set forth in Local Patent R. 4-3, below.
4-3. Joint Claim Construction Chart and Joint Prehearing Statement.
Unless the Court has ordered that no claim construction hearing will be held,
the parties shall, not later than 49 days after the exchange of the Proposed Terms
and Claim Elements for Construction pursuant to Local Patent R. 4-1, complete
and file a Joint Claim Construction Chart and Joint Prehearing Statement, which
shall contain the following information:
(a) The Joint Claim Construction Chart shall be in the format set forth in
Appendix B, containing: (i) a column listing complete language of disputed claims
with the disputed terms in bold type and separate columns for each party’s
proposed construction of each disputed term; (ii) a column to be used for indicating
whether the parties agree on the claim construction for a disputed term; and (iii) a
column for each party’s proposed construction of each disputed claim term, phrase,
or clause, including all references from the specification or prosecution history that
support that construction, and identifying any extrinsic evidence known to the
party on which it intends to rely either to support its proposed construction of
the claim or to oppose any party’s proposed construction of the claim, including,
but not limited to, as permitted by law, dictionary definitions, citations to learned
treatises, and prior art, and testimony of percipient and expert witnesses.
(b) The Joint Prehearing Statement must set forth: (i) the anticipated length
of time necessary for a claim construction hearing; (ii) whether any party proposes
to call any witnesses, including experts, at the claim construction hearing, (iii) the
identity of each such witness, (iv) for each witness, a summary of anticipated
testimony in sufficient detail to permit a meaningful deposition of that witness and,
as to witnesses who may present evidence under Fed. R. Evid. 702, 703 or 705, a
report complying with the provisions of Fed. R. Civ. P. 26(a)(2)(B); (v) the order
of presentation at the claim construction hearing; and (vi) a list of any other issues
which might appropriately be taken up at a prehearing conference prior to the
claim construction hearing, and proposed dates, if not previously set, for any such
prehearing conference.
4-4. Completion of Claim Construction Discovery.
Not later than 28 days after service and filing of the Joint Claim
Construction Chart and Joint Prehearing Statement, the parties shall complete all
discovery relating to claim construction, including any depositions with respect to
claim construction of any witnesses, including experts, identified in the Joint Claim
Construction Chart and Joint Prehearing Statement.
4-5 Claim Construction Briefs
(a) Not later than 49 days after serving and filing the Joint Claim
Construction Chart and Joint Prehearing Statement, each party shall serve and file
a motion for claim construction, a memorandum in support, and any evidence
supporting its claim construction.
(b) Not later than 14 days after service upon it of a motion for claim
construction, each party shall serve and file its responsive memorandum and
supporting evidence.
Patent Rules Amended October 1, 2025, effective December 15, 2025.
APPENDIX A - FORM PROTECTIVE ORDER
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
[NAME OF PARTY] )
)
Plaintiff, ) Case No.:
)
vs. )
)
[NAME OF PARTY] ) STIPULATION FOR
) PROTECTIVE ORDER
Defendant. )
Upon stipulation of the parties for an Order pursuant to Fed. R. Civ. P. 26(c) that
trade secret or other confidential information be disclosed only in designated ways:
1. As used in the Protective Order, these terms have the following meanings:
(a) “Attorneys” means counsel of record;
(b) “Confidential – Attorneys’ Eyes Only” documents are the subset of
confidential documents designated pursuant to Paragraph 5;
(c) “Documents” are all materials within the scope of Fed. R. Civ. 34;
(d) “Written Assurance” means an executed document in the form attached as
Exhibit A.
2. By identifying a document as “Confidential,” a party may designate any
document, including interrogatory response, other discovery response, and/or transcript, that it,
in good faith, contends constitutes or contains trade secret or other confidential information.
3. All confidential documents, along with the information contained in the
documents, shall be used solely for the purpose of this action, and no person receiving such
documents shall, directly or indirectly, transfer, disclose, or communicate in any way the
contents of the documents to any person other than those specified in Paragraph 4. Prohibited
purposes include, but are not limited to, use for competitive purposes or the prosecution of
additional intellectual property rights.
4. Access to any confidential document shall be limited to:
(a) The Court and its personnel;
(b) Attorneys of record and their office associates, legal assistants, and
stenographic and clerical employees;
(c) Persons shown on the face of the document to have authored or received
it;
(d) Court reporters retained to transcribe testimony;
[Optional: (e) These inside counsel: [names]:]
[Optional: (f) These employees of the parties: [names]:]
(g) Outside independent persons (i.e., persons not currently or formerly
employed by, consulting with, or otherwise associated with any party)
who are used by a party or its attorneys to furnish technical or expert
services, or to provide assistance as mock jurors or focus group members
or the like, and/or to give testimony in this action.
5. The parties shall have the right to further designate confidential documents or
portions of documents [optional: in the areas of [identify]] as “Confidential – Attorneys’ Eyes
Only.” Disclosure of such information shall be limited to the persons designated in Paragraphs
4(a), (b), (c), (d), and (g).
6. Third parties producing documents in the course of this action may also
Designate documents as “Confidential” or “Confidential – Attorneys’ Eyes Only,” subject to the
same protections and constraints as the parties to the action. A copy of the Protective Order shall
be served along with any subpoena served in connection with this action. All documents
produced by such third parties, even if not designated by such third parties as “Confidential” or
“Confidential – Attorneys’ Eyes Only,” shall be treated by the parties to this action as
“Confidential – Attorneys’ Eyes Only” for a period of 15 days from the date of their production.
During that 15 day period, any party may designate such documents as “Confidential” or
“Confidential – Attorneys’ Eyes Only” pursuant to the terms of the Protective Order.
7. Each person who is to receive confidential information, pursuant to Paragraph 4(g),
shall execute a “Written Assurance” in the form attached as Exhibit A. Opposing counsel shall
be notified at least 11 days prior to disclosure to any such person who is known to be an
employee or agent of, or consultant to, any competitor of the party whose designated documents
are sought to be disclosed. Such notice shall provide a reasonable description of the outside
independent person to whom disclosure is sought sufficient to permit objection to be made. If a
party objects in writing to such disclosure within 10 days after receipt of notice, no disclosure
shall be made until the party seeking disclosure obtains the prior approval of the Court or the
objecting party.
8. All depositions or portions of depositions taken in this action that contain trade
secret or other confidential information may be designated “Confidential” or “Confidential –
Attorneys’ Eyes Only” and thereby obtain the protections accorded other “Confidential” or
“Confidential – Attorneys’ Eyes Only” documents. Confidentiality designations for depositions
shall be made either on the record or by written notice to the other party within 10 days of receipt
of the final transcript. Unless otherwise agreed depositions shall be treated as “Confidential –
Attorneys’ Eyes Only” until 10 days after receipt of the final transcript. The deposition of any
witness (or any portion of such deposition) that includes confidential information shall be taken
only in the presence of persons who are qualified to have access to such information.
9. Any party who inadvertently fails to identify documents as “Confidential” or
“Confidential-Attorneys’ Eyes Only” shall have 10 days from the discovery of its oversight to
correct its failure. Such failure shall be corrected by providing written notice of the error and
substituting copies of the inadvertently produced documents bearing appropriate confidentiality
designations. Any party receiving such inadvertently unmarked documents shall make
reasonable efforts to retrieve documents distributed to persons not entitled to receive documents
with the corrected designation.
10. Any party who inadvertently discloses documents that are privileged or otherwise
immune from discovery shall, promptly upon discovery of such inadvertent disclosure, so advise
the receiving party and request that the documents be returned. The receiving party shall return
such inadvertently produced documents, including all copies, within 10 days of receiving such a
written request. The party returning such inadvertently produced documents may thereafter seek
reproduction of any such documents pursuant to applicable law.
11. If a party intends to file a document containing confidential information with the
Court, this Protective Order grants leave to make such filing under seal in compliance with Local
Rule 13.05(A) and/or the Case Management/Electronic Case Filing Procedures Manual. Prior to
disclosure at trial or a hearing of materials or information designated “Confidential” or
“Confidential-Attorneys’ Eyes Only,” the parties may seek further protections against public
disclosure from the Court.
12. Any party may request a change in the designation of any information designated
“Confidential” and/or “Confidential-Attorneys’ Eyes Only.” Any such document shall be treated
as designated until the change is completed. If the requested change in designation is not agreed
to, the party seeking the change may move the Court for appropriate relief, providing notice to
any third party whose designation of produced documents as “Confidential” and/or
“Confidential-Attorneys’ Eyes Only” in the action may be affected. The party asserting that the
material is Confidential shall have the burden of proving that the information in question is
within the scope of protection afforded by Fed. R. Civ. P. 26(c).
13. Within 60 days of the termination of this action, including any appeals, each party
shall either destroy or return to the opposing party all documents designated by the opposing
party as “Confidential,” and all copies of such documents, and shall destroy all extracts and/or
data taken from such documents. Each party shall provide a certification in writing to the
disclosing party as to such return or destruction within the 60-day period. Attorneys shall be
entitled to retain, however, a set of all documents filed with the Court and all correspondence
generated in connection with the action, including one copy of documents designated as
“Confidential” and/or “Confidential-Attorneys’ Eyes Only.”
14. Any party may apply to the Court for a modification of the Protective Order, and
nothing in the Protective Order shall be construed to prevent a party from seeking such further
provisions enhancing or limiting confidentiality as may be appropriate.
15. No action taken in accordance with the Protective Order shall be construed as a
waiver of any claim or defense in the action or of any position as to discoverability or
admissibility of evidence.
16. The obligations imposed by the Protective Order shall survive the termination of
this action.
17. Not later than ________[INSERT DATE], the parties shall file a motion seeking
leave to remove any physical materials designated “Confidential” or “Confidential – Attorneys’
Eyes Only” from the office of the Clerk of Court.
Stipulated to:
Date: _____________________ By: _______________________
Date: _____________________ By: _______________________
EXHIBIT A - WRITTEN ASSURANCE
I, declare that:
My address is ____________________________________________________
and the address of my present employer is ______________________________________
My present occupation or job description is
________________________________________________________________________
My present relationship to plaintiff(s)/defendant(s) is ______________________________
____________________________________________________________________
I have received a copy of the Stipulation for Protective Order (the “Protective Order”) in this action.
I have carefully read and understand the provisions of the Protective Order, agree to be bound by it,
and specifically agree I will not use or disclose to anyone any of the contents of any Confidential
information received under the protection of the Protective Order.
I understand that I am to retain all copies of any of the materials that I receive which have been so
designated as Confidential in a container, cabinet, drawer, room, or other safe place in a manner
consistent with the Protective Order and that all copies are to remain in my custody until I have
completed my assigned or legal duties. I will destroy or return to counsel all confidential documents
and things that come into my possession. I acknowledge that such return or the subsequent
destruction of such materials shall not relieve me from any of the continuing obligations imposed
upon me by the Protective Order.
I declare under penalty of perjury under the laws of the state where executed that the foregoing is true
and correct.
Executed this ________day of _______________________, 20__, in the State of _____________.
________________________
Signature
APPENDIX B - JOINT CLAIM CONSTRUCTION CHART
PATENT CLAIM AGREED PROPOSED PLAINTIFF’S PROPOSED DEFENDANT’S PROPOSED
CONSTRUCTION CONSTRUCTION CONSTRUCTION
Claim language as it appears in Proposed construction if the Plaintiff’s proposed construction Defendant’s proposed
the patent with terms and phrases parties agree. if the parties disagree. construction if the parties
to be construed in bold. disagree.
Citation to Intrinsic Evidence.
Citation to Intrinsic Evidence.
Citation to Extrinsic Evidence, if
any. Citation to Extrinsic Evidence, if
any.
Claim language as it appears in Proposed construction if the Plaintiff’s proposed construction Defendant’s proposed
the patent with terms and phrases parties agree. if the parties disagree. construction if the parties
to be construed in bold. disagree.
Citation to Intrinsic Evidence.
Citation to Intrinsic Evidence.
Citation to Extrinsic Evidence, if
any. Citation to Extrinsic Evidence, if
any.
Claim language as it appears in Proposed construction if the Plaintiff’s proposed construction Defendant’s proposed
the patent with terms and phrases parties agree. if the parties disagree. construction if the parties
to be construed in bold. disagree.
Citation to Intrinsic Evidence.
Citation to Extrinsic Evidence, if Citation to Intrinsic Evidence.
any. Citation to Extrinsic Evidence, if
any.
REVISION HISTORY
Revised Local Rules 2002
Local Rule Local Rule Name Adopted/Revision
Date(s)
13.03 Bonds and Other Sureties Approved 12-21-01
Effective 02-01-02
13.04 Deposit of Funds with the Court Approved 12-21-01
Effective 02-01-02
13.05 Pleadings and Documents Filed Under Seal Approved 04-05-02
Effective 06-01-02
Revised Local Rules 2003
2.10 The Electronic Case Record and Filing; Exemption Approved 05-15-03
Effective 10-01-03
2.11 Signatures on Electronic Filings Approved 05-15-03
Effective 10-01-03
2.12 Service in Electronic Cases Approved 05-15-03
Effective 10-01-03
2.13 When Electronic Filings are Completed Approved 05-15-03
Effective 10-01-03
2.14 Technical Failure and Filing Deadlines Approved 05-15-03
Effective 10-01-03
2.15 Administrative Procedures for Electronic Filing Approved 05-15-03
Effective 10-15-03
4.05 Submission of Motion Package Approved 05-15-03
Effective 10-01-03
Revised Local Rules 2004
5.02 Track Information Statement Approved 02-10-04
Effective 03-12-04
6.03 Neutrals Approved 02-10-04
Effective 03-12-04
12.03 Attorney Admission Fee Non-Appropriated Fund Approved 02-10-04
Effective 02-10-04
9.03 Petty Offenses Approved 07-09--4
Effective 08-16-04
12.01 Attorney Admissions Approved 07-09-04
Effective 08-16-04
12.06 Appointed Counsel Fees and Expenses in Civil Approved 07-09-04
Cases Effective 08-16-04
Revised Local Rules 2005
6.04 Communications Concerning Alternative Dispute Approved 08-19-05
Resolution Effective 09-20-05
2.16 Hyperlinks in Electronically Filed Documents Approved 10-07-05
Effective 11-14-05
Revised Local Rules 2006
1.03 Effective Date Approved 07-10-06
Effective 08-28-06
2.01 Files and Filing. Approved 07-10-06
Effective 08-28-06
2.02 Forms to be Filed in Civil Cases Approved 07-10-06
Effective 08-28-06
2.04 Demand for Jury Trial Approved 07-10-06
Effective 08-28-06
2.05 In Forma Pauperis Approved 07-10-06
Effective 08-28-06
2.06 Pro Se Actions Approved 07-10-06
Effective 08-28-06
2.08 Assignments of Actions and Matters Approved 07-10-06
Effective 08-28-06
2.09 Disclosure of Corporation Interests Approved 07-10-06
Effective 08-28-06
2.10 The Electronic Case Record and Filing; Approved 07-10-06
Exemption Effective 08-28-06
2.11 Signatures on Electronic Filing Approved 07-10-06
Effective 08-28-06
2.17 Redaction of Personal Data Identifiers Approved 07-10-06
Effective 08-28-06
3.02 Filing of Discovery and Disclosure Approved 07-10-06
Materials Effective 08-28-06
3.04 Motions Concerning Discovery and Approved 07-10-06
Disclosure Effective 08-28-06
4.01 Motions and Memoranda Approved 07-10-06
Effective 08-28-06
4.03 Motions to Consolidate Approved 07-10-06
Effective 08-28-06
4.04 Communication with the Court Approved 07-10-06
Effective 08-28-06
4.05 Submission of Motion Package Approved 07-10-06
(RULE REPEALED) Effective 08-28-06
5.01 Case Management Tracks Approved 07-10-06
Effective 08-28-06
6.02 Referral to Alternative Dispute Resolution Approved 07-10-06
and Duties of Participants Effective 08-28-06
6.03 Neutrals Approved 07-10-06
Effective 08-28-06
7.01 Jurors and Juries Approved 07-10-06
Effective 08-28-06
7.02 Trial Exhibits Approved 07-10-06
Effective 08-28-06
8.03 Bill of Costs Approved 07-10-06
Effective 08-28-06
9.02 Social Security Appeals Approved 07-10-06
Effective 08-28-06
9.04 Condemnation Cases Approved 07-10-06
Effective 08-28-06
10.3 Actions in Rem and Quasi Rem: General Approved 07-10-06
Provisions Effective 08-28-06
12.01 Attorney Admission Approved 07-10-06
Effective 08-28-06
12.03 Attorney Admissions Fee Non- Approved 07-10-06
Appropriated Fund Effective 08-28-06
12.05 Law Student Practice Approved 07-10-06
Effective 08-28-06
13.01 Probation and Pretrial Service Records Approved 07-10-06
Effective 08-28-06
13.03 Bonds and Other Sureties Approved 07-10-06
Effective 08-28-06
13.04 Deposit of Funds with the Court Approved 07-10-06
Effective 08-28-06
13.05 Pleadings and Documents Filed Under Approved 07-10-06
Seal Effective 08-28-06
Revised Local Rules 2007
3.01 (A) Federal Rule of Civil Approved 04-09-07
Procedure 26 Effective 05-14-07
Disclosure Pursuant to Rule
26(a)(1) and (2)
12.01(A) Attorney Admissions Approved 04-09-07
Roll of Attorneys Effective 05-14-07
Revised Local Rules 2008
2.08 Assignments of Actions and Approved 11-21-08
Matters Effective 01-01-09
12.01 Attorney Admissions Approved 11-21-08
Roll of Attorneys Effective 01-01-09
Revised Local Rules 2009
2.06 (C) Pro Se Actions Approved 09-08-09
Effective 12-01-09
2.08 (A) Assignment of Actions and Approved 09-08-09
Matters Effective 12-01-09
3.01(A) Federal Rule of Civil Approved 10-08-09
Procedure 26 Effective 12-01-09
Disclosure Pursuant to Rule
26(a)(1) and (2)
4.01(B)(C) Motions and Memoranda Approved 09-08-09
Effective 12-01-09
6.02(B) Referral to Alternative Approved 09-08-09
Dispute Resolution and Effective 12-01-09
Duties of Participants
6.03(A) Certified Neutrals Not Approved 04-06-09
Admitted to Practice Law in Effective 05-11-09
this Court
8.02 Motions for Attorney’s Fees Approved 09-08-09
Effective 12-01-09
8.03 Bill of Costs Approved 09-08-09
Effective 12-01-09
9.01(D) Bankruptcy Appeals Approved 09-08-09
Effective 12-01-09
9.02 Social Security Appeals Approved 09-08-09
Effective 12-01-09
10.02(D) Actions in Rem: Special Approved 09-08-09
Provisions Effective 12-01-09
10.03 (B) (C) (D) (F) Actions in Rem and Quasi in Approved 09-08-09
Rem: General Provisions Effective 12-01-09
10.03 (D) Actions in Rem and Quasi in Approved 10-08-09
Rem: General Provisions Effective 12-01-09
13.02 Use of Photographic, Approved 10-8-09
Recording and Effective 12-01-09
Communication Equipment
13.05 Pleadings and Documents Approved 01-08-09
Filed Under Seal Effective 02-16-09
13.05 (B) Pleadings and Documents Approved 09-08-09
Filed Under Seal Effective 12-01-09
Revised Local Rules 2010
12.01 (D) Attorney Admissions Approved 05-07-10
Renewal of Membership Effective 06-15-10
6.02 (A)(2) Referral to Alternative Approved 07-09-10
Dispute Resolution Effective 08-16-10
6.03(A)(2) Neutrals Approved 07-16-10
Effective 08-16-10
1.02(B) Local Patent Rules Approved 09-03-10
Effective 01-01-11
Local Patent Rules Rules and Appendices Approved 09-03-10
Effective 01-01-11
Revised Local Rules 2011
6.01(A) Mediation Early Neutral Approved 08-11-11
Evaluation Effective 09-19-11
6.02(B) Referral to Alternative Approved 08-11-11
Dispute Resolution Effective 09-19-11
Duties of Participants
6.02(C) Referral to Alternative Approved 06-24-11
Dispute Resolution Effective 09-01-11
Appointment of Counsel
13.02(B) Use of Photographic, Approved 06-24-11
Recording and Effective 07-25-11
Communication Equipment
Revised Local Rules 2012
12.01 Attorney Admissions Approved 06-15-12
Effective 08-01-12
4.01 Motions and Memoranda Approved 09-07-12
Effective 11-01-12
Revised Local Rules 2013
6.02(C)(1) Appointment of Counsel Approved 07-01-13
Effective 07-01-13
6.03(A) Neutrals Approved 11-07-13
Effective 01-01-14
Revised Local Rules 2014
2.09; and Form MOED-0001 Disclosure of Organizational Approved 11-05-14
Interests Effective 12-15-14
6.01-6.05 Alternative Dispute Approved 11-05-14
Resolution Effective 12-15-14
12.01 Attorney Admission Approved 11-05-14
Effective 12-15-14
13.04 Deposit of Funds with the Approved 11-05-14
Court Effective 12-15-14
Revised Local Rules 2015
12.01 Attorney Admission Approved 11-04-15
Effective 01-01-16
13.03 Bonds and Other Sureties Approved 11-04-15
Effective 01-01-16
13.05 Pleadings and Documents Approved 11-04-15
Filed Under Seal Effective 01-01-16
Revised Local Rules December 2016
6.03 Neutrals Approved 09-07-16
Effective 12-01-16
12.01 Attorney Admission Approved 09-07-16
Effective 12-01-16
13.03 Bonds and Other Sureties Approved 09-07-16
Effective 12-01-16
13.04 Deposit of Funds with the Approved 09-07-16
Court Effective 12-01-16
Revised Local Rules February 2017
2.08 Assignments of Actions and Approved 11-30-16
Matters Effective 2-1-17
8.03 Bill of Costs Approved 11-30-16
Effective 2-1-17
13.05 Pleadings and Documents Approved 11-30-16
Filed Under Seal Effective 2-1-17
Revised Local Rules March 2018
2.07 Divisional Venue Approved 1-3-18
Effective 3-1-18
4.06 Motions for Transfer of Approved 1-3-18
Venue Effective 3-1-18
-Process
6.03 Neutrals Approved 1-3-18
Effective 3-1-18
Revised Local Rules December 2018
2.02 Forms to Filed in Civil Cases Approved 10-11-18
Effective 12-1-18
2.11 Signatures on Electronic Approved 10-11-18
Filings Effective 12-1-18
2.12 Service in Electronic Cases Approved 10-11-18
Effective 12-1-18
Revised Local Rules November 2019*
2.01 Files and Filings Approved 10-2-19
Effective 11-1-19
2.03 Cases Removed to the Approved 10-2-19
District Court Effective 11-1-19
2.09 Disclosure of Organizational Approved 10-2-19
Interests Effective 11-1-19
2.11 Signatures on Electronic Approved 10-2-19
Filings Effective 11-1-19
2.15 Procedures for Electronic Approved 10-2-19
Filing Effective 11-1-19
2.17 Redaction of Personal Data Approved 10-2-19
Identifiers Effective 11-1-19
3.03 Interrogatories, Document Approved 10-2-19
Requests, and Requests to Effective 11-1-19
Admit
4.01 Motions and Memoranda Approved 10-2-19
Effective 11-1-19
5.01 Case Management Tracks Approved 10-2-19
Effective 11-1-19
6.01 Mediation and Early Neutral Approved 10-2-19
Evaluation Effective 11-2-19
6.02 Referral to Alternative Approved 10-2-19
Dispute Resolution and Effective 11-1-19
Duties of Participants;
Appointment of Counsel
6.03 Certification of Neutrals Approved 10-2-19
Effective 11-1-19
6.05 Reporting Requirements Approved 10-2-19
Effective 11-1-19
12.01 Attorney Admissions Approved 10-2-19
Effective 11-1-19
12.04 Former Clerks Approved 10-2-19
Effective 11-1-19
12.06 Appointed Counsel’s Fees Approved 10-2-19
and Expenses in Civil Cases Effective 11-1-19
13.02 Use of Photographic, Approved 10-2-19
Recording and Effective 11-1-19
Communication Equipment
*In addition to revisions to local rules listed above and minor grammar/style edits throughout,
the following overall changes were made: identification of rules by Local Rule (Federal Rule);
reference of pro se litigant changed to self-represented litigant; and addition of hyperlinks.
Revised Local Rules June 2021
13.05 Sealing of Materials Filed in Approved 4-7-21
Civil and Criminal Cases Effective 6-1-21
Revised Local Rules September 2021
6.02 Referral to Alternative Approved 7-7-21
Dispute Resolution and Effective 9-1-21
Duties of Participants;
Appointment of Counsel
6.03 Neutrals Approved 7-7-21
Effective 9-1-21
Revised Local Rules March 2023
2.02 Forms to be Filed in Civil Approved 12-14-22
Cases Effective 3-1-23
2.09 Disclosure Statement Approved 12-14-22
Effective 3-1-23
4.07 Motion for Leave to Amend Adopted 12-14-22
Effective 3-1-23
6.02 Referral to Alternative Approved 12-14-22
Dispute Resolution and Effective 3-1-23
Duties of Participants;
Appointment of Counsel
6.03 Neutrals Approved 12-14-22
Effective 3-1-23
12.01 Attorney Admission Approved 12-14-22
Effective 3-1-23
Revised Local Rules December 2025
2.09 Disclosure Statements in Approved 10-1-25
Civil and Criminal Cases Effective 12-15-25
See MOED-0001
3.01 Federal Rules of Civil Approved 10-1-25
Procedure 26 Effective 12-15-25
See MOED-0071
6.03 Neutrals Approved 10-1-25
Effective 12-15-25
12.01 Attorney Admission Approved 10-1-25
Effective 12-15-25
Patent Rules Approved 10-1-25
Effective 12-15-25
