Not later than 60 days after service of the “Preliminary Invalidity Contentions,” the
parties shall complete and file a Joint Claim Construction Statement, which shall
contain the following information:
(a) The construction of those claim terms, phrases, or clauses on which the
parties agree.
(b) Each party's proposed construction of each disputed claim term, phrase, or
clause, together with an identification of all references from the
specification or prosecution history that support that construction, and an
identification of 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 other 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.
(c) The anticipated length of time necessary for the Claim Construction
Hearing.
(d) Whether any party proposes to call one or more witnesses, including
experts, at the Claim Construction Hearing, the identity of each such
witness, and for each expert, a summary of each opinion to be offered in
sufficient detail to permit a meaningful deposition of that expert.
No other Fed. R. Civ. P. 26 report or disclosure shall be required for testimony
directed solely towards claim construction.
