(a) Initial Rule 26(f) Scheduling Conference (“Initial Scheduling
Conference”).
When the parties confer with each other pursuant to Fed. R. Civ. P. 26(f),
in addition to the matters covered by Fed. R. Civ. P. 26, the parties must
discuss and address in the Discovery Plan filed pursuant to Fed. R. Civ. P.
26(f) and Local Civil Rule 26.1(e)(2) the following items:
(1) Proposed modification of the deadlines provided for in the local
patent rules, and the effect of any such modification on the date
and time of the Claim Construction Hearing provided for in Local
Civil Rule 304.6, if any;
(2) Whether the court will hear live testimony at the Claim
Construction Hearing;
(3) The need for and any specific limits on discovery relating to claim
construction, including depositions of witnesses, including expert
witnesses;
(4) The order of presentation at the Claim Construction Hearing;
(5) Whether the parties request a claim construction prehearing
conference be held after the Joint Claim Construction and
Prehearing Statement has been filed;
(6) Whether it may be appropriate to bifurcate discovery for
infringement, invalidity, and damage issues;
(7) Whether the parties believe that appointment of a Special Master
may be helpful to the parties and the court;
(8) Whether modifications to the standard protective order are needed,
including, but not limited to, whether additional information should
be disclosed regarding consulting experts, access to materials by
prosecution counsel and restrictions on use, access, or dissemination
of source code and other highly confidential materials;
(9) Whether the parties believe it would be worthwhile to have a hearing
to provide the court with an overview of the technology at issue in
the suit and proposed timing for presentation; and
(10) Any other patent-related issues foreseeable in the case.
January 2019 Return to Table of Contents
Local Patent Rules – U.S. District Court for the Eastern District of North Carolina Page 5
(b) Further Scheduling Conferences.
To the extent that some or all of the matters provided for in Local Patent
Rule 302.1(a)(1)-(4) are not resolved or decided at the Initial Scheduling
Conference, the parties shall propose dates for further Scheduling
Conferences at which such matters shall be decided.
