The Law Mind

Exchange Of Proposed Terms And Claim Elements For Construction

E.D.N.C. Rule 304.1

(a) Not later than 21 days after service of the “Preliminary Invalidity Contentions” pursuant to Local Civil Rule 303.3, each party shall simultaneously exchange a list of claim terms, phrases, or clauses which that party contends should be construed by the court, and identify any claim element which that party contends should be governed by the sixth paragraph of 35 U.S.C. § 112. (b) The parties shall thereafter meet and confer for the purposes of finalizing this list, narrowing or resolving differences, and facilitating the ultimate preparation of a Joint Claim Construction Statement in accordance with Local Civil Rule 304.3.
Official source: https://www.nced.uscourts.gov/pdfs/Local%20Civil%20Rules%202023.pdf · retrieved 2026-07-23