(a) Patent Scheduling Conference Notice. Within 7 business days after the
Initial Response is filed, the parties shall jointly file a notice (“Patent Scheduling Conference
Notice”) via the Court’s Electronic Case Filing system informing the Court whether:
(1) the action is ripe to be scheduled for a Patent Scheduling Conference at the
Court’s earliest convenience,
(2) the requirements under these Local Patent Rules should be modified in any
way and the requested modifications, and
(3) any other case management issues have been identified that would impact any
party’s ability to conform to these Local Patent Rules.
Before submitting the Patent Scheduling Conference Notice, the parties shall meet and
confer to try to reach an agreement upon any issues to be raised with the Court.
(b) Planning Meeting. At least 14 days prior to the Patent Scheduling Conference,
the parties shall confer to discuss and address in the Joint Planning Report and Proposed
Scheduling Order the topics set forth in Federal Rule of Civil Procedure 26(f) and Local Rule
26.1(e), as well as the following topics:
(1) Any modification to the deadlines set by these Local Patent Rules;
(2) Any anticipated motions that might affect the deadlines set by these Local
Patent Rules, including motions to dismiss, transfer, stay, for preliminary
injunction, or to add or substitute parties, and a proposed briefing schedule;
(3) Any issues that might be the proper subject of an early motion for
summary judgment or partial summary judgment;
(4) The field of the claimed invention(s), claims asserted, number of claim
terms to be construed, and the allegedly infringing activity or product;
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(5) Any modification to the limits on interrogatories and/or depositions set
forth in the Federal Rules of Civil Procedure;
(6) Any deviations from the form Patent Protective Order set forth in
Appendix A to these Local Patent Rules;
(7) The format of the Claim Construction Hearing, including whether the
Court will hear live testimony, the order of presentation, and the estimated length
of the hearing;
(8) Whether the parties will agree to the electronic exchange of pleadings,
notices, discovery, and other mandated disclosures not otherwise served
electronically via the Court’s Electronic Case Filing system; and
(9) Whether the parties agree that this action is appropriate for expedited
treatment including the appropriateness of an expedited trial, consolidated claim
construction and trial procedure, trial on limited issues, or a stipulation for post-
trial mediation before the entry of judgment on the verdict.
(10) The susceptibility of this action to resolution by Alternative Dispute
Resolution.
(c) Joint Planning Report and Proposed Scheduling Order. At least 7 days prior to
the Patent Scheduling Conference, the plaintiff, on behalf of all parties, must file with the Court
a Joint Planning Report and Proposed Scheduling Order in the form provided in Appendix B to
these Local Patent Rules or in any other form ordered by the Court. Statements made by the
parties in the Joint Planning Report and Proposed Scheduling Order will be used for case
management purposes only and shall not be used to limit or otherwise restrict a party’s ability to
seek relief from the Court at a later date with respect to issues addressed or not addressed in the
Joint Planning Report and Proposed Scheduling Order.
(d) Patent Scheduling Conference.
(1) Agenda. The general agenda for the Patent Scheduling Conference is set
by Local Rule 16.1. The parties also should be prepared to discuss with the
Court all of the matters addressed in the parties’ Joint Planning Report and
Proposed Scheduling Order, including the status of settlement discussions and the
utilization of Alternative Dispute Resolution methods under Local Rule 16.3.
(2) Technology at Issue. Each party should be prepared to discuss the
technology at issue during the Patent Scheduling Conference. This includes the
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general technology at issue, the patent(s) in suit, and each accused apparatus,
product, device, process, method, act, or other instrumentality of each opposing
party that is accused of infringing (each, an “Accused Instrumentality”). In
addition to the foregoing, each party opposing a claim of infringement is expected
to bring a sample or representation (e.g., photographs, video, specifications, etc.)
of each Accused Instrumentality.
(3) Attendance by Parties. All parties, including lead counsel and a
representative with full authority for settlement purposes, shall attend the Patent
Scheduling Conference. “Parties” means either the named individuals or, in the
case of a corporation or similar legal entity, a person familiar with the facts of the
case, including the patented technology or allegedly infringing technology. A
party may move to modify the attendance of a party or party representative by
detailing the reasoning for the modification. It is fully within the Court’s
discretion to grant or deny in full or in part such motions.
