(a) Not later than twenty-eight (28) days after the exchange of “Preliminary Claim
Constructions” under Loc. Pat. R. 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;
(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;
(6) Any evidence that is not identified under Loc. Pat. R. 4.3(b) shall not be
included in the Joint Claim Construction and Prehearing Statement; and
(7) This Rule does not apply to design patents.
