Within 7 days after the Responsive Claim Construction Briefs are filed, pursuant to LPR 4.4(b),
the parties shall complete and file a Joint Claim Construction and Prehearing Statement, which
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Local Patent Rules - Western District of Tennessee
shall contain the following information:
(a) The construction of those terms on which the parties agree;
(b) Each party’s proposed construction of each disputed term, together with an
identification of all references from the intrinsic evidence that supports that
construction, and an identification of any extrinsic evidence known to the party on
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;
(c) An identification of the terms that each party contends (i) would require a
disposition of the case in its favor and/or (ii) will be substantially conducive to
promoting settlement. For any such terms, each party shall also include a brief
statement, not to exceed one page, supporting or refuting the contention that the
construction of those terms will be dispositive or promote settlement. The Court
may, at its option, solicit additional briefing regarding the dispositive nature of
any terms prior to the Claim Construction Hearing or upon issuing its claim
constructions.
(d) The anticipated length of time necessary for the Claim Construction Hearing;
(e) Whether any party proposes to call one or more witnesses at the Claim
Construction Hearing, the identity of each such witness, and a brief description of
the subject matter of each witness’ anticipated testimony; and
(f) A list of other issues that might appropriately be taken up at a prehearing
conference prior to the Claim Construction Hearing and, if not previously set,
proposed dates for any such prehearing conference.
