(a) Not later than twenty-one (21) days after the exchange of lists pursuant to Loc. Pat. R.
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 ¶ 6, 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.
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(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.”
