(a) Preliminary Claim Construction. Within 14 days after the exchange of the lists,
pursuant to LPR 4.1(c), the parties shall simultaneously exchange a Preliminary
Proposed Constructions of each term identified by any party for claim
construction. Each such Preliminary Claim Construction shall also, for each term
that 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) Supporting Materials. 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. The parties shall further identify any fact witness, including a brief
description of the subject matter of each witness’ anticipated testimony.
(c) Final Claim Construction. Within 7 days after the deadline for completion of
Expert Claim Construction Discovery, pursuant to LPR 4.3(c), or 50 days after
the exchange of Preliminary Claim Constructions, pursuant to LPR 4.2(a), in the
event that no expert is identified, the parties shall simultaneously exchange final
proposed constructions of each term identified by any party for claim
construction. Each such Final Claim Construction shall also, for each term that
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. The parties shall also
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Local Patent Rules - Western District of Tennessee
identify the information set forth in LPR 4.2(b) as well as any expert testimony
the party intends to rely upon in support of its Final Claim Construction.
