(a) Not later than 21 days after the exchange of “Proposed Terms and Claim
Elements for Construction” pursuant to Local Civil Rule 304.1, the parties
shall simultaneously exchange a preliminary proposed construction of each
claim term, phrase, or clause which the parties collectively have identified
for claim construction purposes. Each such “Preliminary Claim
Construction” shall also, for each element which any party contends is
governed by the sixth paragraph of 35 U.S.C. § 112, identify 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 percipient and
expert witnesses they contend support 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, 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 in accordance with Local Civil Rule 304.3.
January 2019 Return to Table of Contents
Local Patent Rules – U.S. District Court for the Eastern District of North Carolina Page 14
