(a) Not later than twenty-one (21) days after the exchange of lists pursuant to Local
Patent Rule 4.2, the parties shall simultaneously exchange preliminary proposed
constructions of each term identified by any party for claim construction. Each
such Preliminary Claim Construction shall also, for each term which any party
contends is governed by 35 U.S.C. § 112 (f), identify the structure(s), act(s), or
material(s) corresponding to that term's function.
(b) At the same time the parties exchange their respective Preliminary Claim
Constructions, each party shall also identify all references from the specification
or prosecution history that support its preliminary proposed construction and
designate any supporting extrinsic evidence including, without limitation,
dictionary definitions, citations to learned treatises and prior art, and testimony of
all witnesses including expert witnesses. Extrinsic evidence shall be identified by
production number or by producing a copy if not previously produced. With
respect to all witnesses including experts, the identifying party shall also provide
a description of the substance of that witness' proposed testimony that includes a
listing of any opinions to be rendered in connection with claim construction.
(c) The parties shall thereafter meet and confer for the purposes of narrowing the
issues and finalizing preparation of a Joint Claim Construction and Prehearing
Statement.
