(a) Not later than twenty-one (21) days after the exchange of Preliminary Claim
Constructions under Local Patent Rule 4.3(a), the parties shall complete and file a
Joint Claim Construction and Prehearing Statement, which shall contain the
following information:
(1) The construction of those terms on which the parties agree;
(2) Each party's proposed construction of each disputed term, together with an
identification of all references from the intrinsic evidence that support that
construction, and an identification of any extrinsic evidence known to the
party upon which it intends to rely either to support its proposed
construction or to oppose any other party's proposed construction,
including, but not limited to, as permitted by law, dictionary definitions,
citations to learned treatises and prior art, and testimony of all witnesses
including experts;
(3) A prioritization of the disputed terms, based upon their significance to the
resolution of the case and the Court’s construction of those terms and
whether they will be case or claim dispositive or substantially conducive
to promoting settlement, together with a statement of the significance of
each term to the claims and defenses in the case;
(4) The anticipated length of time necessary for the Claim Construction
Hearing; and
(5) Whether any party proposes to call any live witnesses to testify at the
Claim Construction Hearing, the identity of each such witness and, for
each witness, a summary of his or her testimony including, for any expert,
each opinion to be offered related to claim construction.
(b) No more than ten (10) patent terms or phrases may be presented to the Court for
construction, absent prior leave of Court upon a showing of good cause. The
assertion of multiple non-related patents shall, in an appropriate case, constitute
good cause. If the parties are unable to agree upon which ten (10) terms are to be
presented to the Court for construction, then five (5) shall be allocated to all
plaintiffs, jointly, and five (5) to all defendants.
