(a) (i) Not later than seven (7) days after service of the “Final Non-Infringement
Contentions” pursuant to Loc. Pat. R. 3.8, each party shall serve on each other party
a list of claim terms which that party contends should be construed by the Court, and
identify any claim term which that party contends should be governed by 35 U.S.C. §
112 ¶ 6; or
(ii) In all cases in which a party files a complaint or other pleading seeking a
declaratory judgment not based on validity, not later than twenty-one (21) days after
the defendant serves an answer that does not assert a claim for patent infringement
(and Loc. Pat. R. 3.1 does not apply), each party shall serve on each other party a list
of claim terms which that party contends should be construed by the Court, and
identify any claim term which that party contends should be governed by 35 U.S.C. §
112 ¶ 6.
(b) The parties shall thereafter meet and confer for the purpose of limiting the terms in
dispute by narrowing or resolving differences, and facilitating the ultimate preparation of a Joint Claim
Construction and Prehearing Statement.
