Judge Colm F. Connolly
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 2 copies • Hand Delivery • Within 1 Hour
Brief
- 2 copies • With Bundled Motion
Claim Construction Chart
- Upon Filing
Compendium
- 2 copies • With Briefing
Adjournments
- Rule 56 dispositive motions cannot be filed more than 10 days before the deadline without leave.
Communication
Chambers
Chambers
Page & Word Limits41 rules
Machine summary. Not checked yet.Mandatory?
(b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
Summary: Opposition letters in discovery disputes are limited to 3 pages and must be filed 48 hours before the conference.
Opposition Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on . The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on .
Summary: Word limits for claim construction briefs: opening brief 5,500 words, answering brief 8,250 words, reply brief 5,500 words, sur-reply brief 2,750 words.
Opening Brief
5,500 words
Applies to: Attorney
Answering Brief
8,250 words
Applies to: Attorney
Reply Brief
5,500 words
Applies to: Attorney
Sur Reply Brief
2,750 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in imine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving parties, a single one-page reply).
Summary: In limine requests: support/opposition limited to 3 pages each, reply limited to 1 page; combined submissions limited to 3 pages (support/opposition) and 1 page (reply).
In Limine Support
3 pages
Applies to: Attorney
In Limine Opposition
3 pages
Applies to: Attorney
In Limine Reply
1 pages
Applies to: Attorney
Combined In Limine Support Opposition
3 pages
Applies to: Attorney
Combined In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.
Summary: Seeking party must file 3-page letter outlining dispute and position.
Pre Motion Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Summary: Opposing party may file 3-page letter within 48 hours before conference.
Opposition Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.
Summary: Word limits for claim construction briefs: plaintiff opening/reply 5,500 words; defendant answering 8,250 words; defendant sur-reply 2,750 words.
Opening Brief
5,500 words
Answering Brief
8,250 words
Reply Brief
5,500 words
Sur Reply
2,750 words
Machine summary. Not checked yet.Mandatory?
support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words. The text for each statement shall be 14-point and in Times New Roman or a similar typeface. Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.
Summary: Concise statements for summary judgment motions limited to 1,750 words, 14-point Times New Roman, with certification.
Concise Statement
1,750 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
Summary: In limine requests limited to 3 pages of argument, responses to 3 pages, and replies to 1 page
In Limine Request
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
Summary: In limine requests are limited to 3 pages of argument, opposition to 3 pages, and reply to 1 page.
Motion
3 pages
Opposition
3 pages
Reply
1 pages
Machine summary. Not checked yet.Mandatory?
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _. The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Summary: Word limits for claim construction briefs: Plaintiff opening/reply 5,500 words, Defendant answering 8,250 words, Defendant sur-reply 2,750 words; 14-point Times New Roman required.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.
Summary: When Daubert motion is filed with case dispositive motion, word limits increase to 12,500 for opening/answering briefs and 6,250 for reply briefs.
Opening Brief
12,500 words
Answering Brief
12,500 words
Reply Brief
6,250 words
Machine summary. Not checked yet.Mandatory?
conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.
Summary: Party seeking relief on discovery disputes must file a letter not exceeding 3 pages.
Letter
3 pages
Machine summary. Not checked yet.Mandatory?
In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.
Summary: Word limits increase to 12,500/12,500/6,250 when Daubert motions are filed
Opening Brief
12,500 words
Applies to: Attorney
Answering Brief
12,500 words
Applies to: Attorney
Reply Brief
6,250 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words. The text for each statement shall be 14-point and in Times New Roman or a similar typeface. Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above.
Summary: Concise statements supporting or opposing summary judgment motions are limited to 1,750 words, must use 14-point Times New Roman font, and require a certification of compliance.
Concise Statement
1,750 words
Machine summary. Not checked yet.Mandatory?
Each party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.
Summary: Word limits for case dispositive and Daubert motions (10,000/10,000/5,000 words, increased to 12,500/12,500/6,250 if Daubert motions are filed)
Opening Brief
10,000 words
Applies to: Attorney
Answering Brief
10,000 words
Applies to: Attorney
Reply Brief
5,000 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.
Summary: Word limits for case dispositive motions: 10,000 words for opening and answering briefs, 5,000 words for reply briefs, per side combined across all motions.
Opening Brief
10,000 words
Answering Brief
10,000 words
Reply Brief
5,000 words
Machine summary. Not checked yet.Mandatory?
Where page limits are specified by local rule, the parties shall use a word-count limit. For each page allowed by local rule, the parties shall use up to 250 words. For example, where the page limit specified by rule is 20 pages, the maximum number of words for a party's submission would be 5,000 (20 x 250).
Summary: Word-count limit of 250 words per page allowed by local rule replaces page limits; e.g., 20-page limit becomes 5,000 words.
Brief
250 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Summary: Opposition letters for discovery/protective order applications are limited to 3 pages and must be filed 48 hours before the conference.
Letter
3 pages
Machine summary. Not checked yet.Mandatory?
Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.
Summary: Word limits for case dispositive motion briefs: 10,000 words for all opening briefs per side combined.
Opening Brief
10,000 words
Machine summary. Not checked yet.Mandatory?
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, for the moving parties, a single one-page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Summary: In limine requests limited to 3 per party; argument limited to 3 pages for request, 3 pages for opposition, and 1 page for reply.
In Limine Request
3 pages
In Limine Opposition
3 pages
In Limine Reply
1 pages
Machine summary. Not checked yet.Mandatory?
The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words
Summary: Defendant's sur-reply brief in claim construction is limited to 2,750 words.
Sur Reply
2,750 words
Machine summary. Not checked yet.Mandatory?
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.
Summary: Each party limited to 3 in limine requests unless court permits more.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words. The text for each statement shall be 14-point and in Times New Roman or a similar typeface. Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.
Summary: Concise statements for summary judgment motions are limited to 1,750 words, must be 14-point Times New Roman, and require a certification of compliance.
Concise Statement
1,750 words
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _.
Summary: Plaintiff's reply brief limited to 5,500 words (not filed, served only).
Structured details unavailable. See the source text.
Document Format Requirements28 rules
Machine summary. Not checked yet.Mandatory?
The hard copies shall comply with paragraphs 10 and 14 of this Order.
Summary: Hard copies must comply with formatting requirements in paragraphs 10 and 14.
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The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: (1) Opening brief - Blue (2) Answering brief- Red (3) Reply brief - Gray
Summary: Brief cover colors: opening (blue), answering (red), reply (gray); motions in limine excluded.
Machine summary. Not checked yet.Mandatory?
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov. The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
Summary: Joint Claim Construction Chart must be in Word format, emailed to cfc civil@ded.uscourts.gov, 14-point Times New Roman.
DOCX
Machine summary. Not checked yet.Mandatory?
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Summary: Claim construction briefs must use 14-point Times New Roman or similar typeface.
Machine summary. Not checked yet.Mandatory?
The text for each brief shall be 14-point and in Times New Roman or a similar typeface. Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.
Summary: Briefs must be 14-point Times New Roman with certification of compliance
Machine summary. Not checked yet.Mandatory?
The parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc_civil@ded.uscourts.gov.
Summary: Parties must submit voir dire, preliminary and final jury instructions, and special verdict forms in Word format via email simultaneously with filing.
DOCX
Machine summary. Not checked yet.Mandatory?
The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.
Summary: Jury instructions and verdict forms must be submitted in Word format to specified email address.
DOCX
Machine summary. Not checked yet.Mandatory?
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Summary: Claim construction briefs must use 14-point Times New Roman or similar typeface.
Machine summary. Not checked yet.Mandatory?
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: Opening brief - Blue, Answering brief - Red, Reply brief- Gray
Summary: Brief covers must be color-coded: opening (blue), answering (red), reply (gray).
Machine summary. Not checked yet.Mandatory?
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
Summary: Joint Claim Construction Chart must use 14-point Times New Roman or similar typeface.
Word
Machine summary. Not checked yet.Important?
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. ... Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
Summary: Exhibits and attachments must be separated by tabs and have page numbers.
Machine summary. Not checked yet.Important?
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening brief — Blue ii. Answering brief — Red iii. Reply brief — Gray
Summary: Brief covers must be colored: opening blue, answering red, reply gray. Exception for motions in limine in pretrial orders.
Machine summary. Not checked yet.Important?
A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.
Summary: A text-searchable PDF of each patent must be submitted with the Joint Claim Construction Chart.
Machine summary. Not checked yet.Important?
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
Summary: Joint Claim Construction Chart text must be 14-point Times New Roman.
DOCX
Machine summary. Not checked yet.Important?
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Summary: Claim construction briefs must use 14-point Times New Roman or similar typeface.
Machine summary. Not checked yet.Important?
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
Summary: Exhibits/attachments must be tabbed and paginated.
Machine summary. Not checked yet.Important?
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.
Summary: Exhibits and attachments must be tab-separated, paginated, deduplicated, and highlighted for court review.
Machine summary. Not checked yet.Important?
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: (1) Opening brief - Blue; (2) Answering brief- Red; (3) Reply brief - Gray
Summary: Brief covers for motions (except motions in limine) must be color-coded: Opening Blue, Answering Red, Reply Gray.
Machine summary. Not checked yet.Important?
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
Summary: Joint Claim Construction Chart must use 14-point Times New Roman or similar typeface.
Machine summary. Not checked yet.Important?
The text for all briefs, letters, motions, and concise statements of fact shall be 14-point and in Times New Roman or similar typeface.
Summary: All briefs, letters, motions, and concise statements of fact must use 14-point Times New Roman or similar typeface.
Machine summary. Not checked yet.Important?
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number. The parties shall take all practical measures to avoid filing multiple copies of the same exhibit or attachment. The parties should highlight the text of exhibits and attachments they wish the Court to read.
Summary: Exhibits and attachments must be tabbed, paginated, and highlighted where relevant.
Machine summary. Not checked yet.Important?
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Summary: All claim construction briefs must use 14-point Times New Roman font.
Machine summary. Not checked yet.Important?
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.) Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
Summary: Exhibits and attachments must be separated by tabs and paginated for identification.
Document Filing Requirements77 rules
Machine summary. Not checked yet.Mandatory?
The Caption shall be modified to include the words "ANDA CASE" immediately below the Civil Action Number.
Summary: Caption must include 'ANDA CASE' below the civil action number.
Document Type
Caption
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Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted. Unless otherwise agreed to by the parties, Plaintiff(s) may assert no more than ten claims of any one patent and no more than 32 claims in total against any one Defendant.
Summary: Plaintiff must serve a Preliminary Disclosure of Asserted Claims listing claims and statutory subsections, with a limit of ten claims per patent and 32 claims total per defendant, unless otherwise agreed.
Document Type
Preliminary Disclosure Of Asserted Claims
Machine summary. Not checked yet.Mandatory?
“Invalidity Contentions” that shall contain the following information: (a) The identity of no more than 12 prior art references for any one patent and no more than 30 prior art references in total that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious (the “Preliminary Disclosure of Asserted Prior Art”). Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity(ies) of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identity(ies) of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s); (b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;
Summary: Invalidity Contentions must identify prior art references (max 12 per patent, 30 total), specify identification details, and explain anticipation/obviousness.
Document Type
Invalidity Contentions
Machine summary. Not checked yet.Mandatory?
“Noninfringement Contentions” that shall set forth any defense of noninfringement and include a claim chart that identifies each claim at issue in the case, each limitation of each claim at issue, and any and all claim limitations that are literally absent from the Abbreviated New Drug Application(s) or New Drug Application(s) accused of infringement. Defendant(s) shall produce with the Noninfringement Contentions any document or thing that Defendant(s) intend(s) to rely upon in defense of any infringement allegations by Plaintiff(s).
Summary: Noninfringement Contentions must include a claim chart identifying claim limitations and produce supporting documents.
Document Type
Noninfringement Contentions
Machine summary. Not checked yet.Mandatory?
Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.
Summary: Pinpoint citations are required in all briefing, letters, and concise statements of facts; unsupported assertions will be ignored.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this Order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that the information may be relevant and subject to disclosure in another case. Any person or party subject to this Order who becomes subject to a motion to disclose another party’s information designated as confidential pursuant to this Order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Summary: Proposed protective orders must include a specific paragraph regarding other proceedings.
Document Type
Protective Order
Machine summary. Not checked yet.Mandatory?
The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.
Summary: The motion filed with the discovery dispute pre-motion letter must be no more than one paragraph.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.
Summary: Each claim construction brief must include a certification of compliance with word limits.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”
Summary: Each party must file a Motion for Claim Construction with no argument, simply requesting adoption of its positions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Summary: Non-dispositive motions must include the statement required by Local Rule 7.1.1.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
it is HEREBY ORDERED in all cases assigned to Judge Connolly where a party is a nongovernmental joint venture, limited liability corporation, partnership, or limited liability partnership, that the party must include in its disclosure statement filed pursuant to Federal Rule of Civil Procedure 7.1 the name of every owner, member, and partner of the party, proceeding up the chain of ownership until the name of every individual and corporation with a direct or indirect interest in the party has been identified.
Summary: Parties that are nongovernmental joint ventures, LLCs, partnerships, or LLPs must include in their Rule 7.1 disclosure statement the name of every owner, member, and partner, going up the chain of ownership until all individuals and corporations with a direct or indirect interest are identified.
Document Type
Disclosure Statement
Machine summary. Not checked yet.Mandatory?
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.
Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of the scheduling order.
Document Type
Initial Disclosures
Machine summary. Not checked yet.Mandatory?
Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."
Summary: Patent infringement parties must serve Disclosure of Asserted Claims within 30 days of scheduling order.
Document Type
Disclosure Of Asserted Claims
Machine summary. Not checked yet.Mandatory?
Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint
Summary: Pinpoint citations required in all briefing, letters, and concise statements of facts
Document Type
Briefing
Machine summary. Not checked yet.Mandatory?
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.
Summary: Each claim construction brief must include a certification of compliance with type and word count limitations.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The parties shall file with the Amended Joint Claim Construction Chart a letter that sets forth the date on which the meet and confer occurred, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.
Summary: Letter required with Amended Joint Claim Construction Chart detailing meet and confer details.
Document Type
Amended Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 10 and 14 of this Order.
Summary: Joint Claim Construction Brief and Joint Appendix must comply with paragraphs 10 and 14.
Document Type
Joint Claim Construction Brief
Machine summary. Not checked yet.Mandatory?
Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.
Summary: Declarations cannot contain legal arguments or circumvent briefing word limits.
Document Type
Declaration
Machine summary. Not checked yet.Mandatory?
For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _. Reply expert reports from the party with the initial burden of proof are due on or before _ _ _ _ _ _ _. No other expert reports will be permitted without
Summary: Expert disclosure deadlines: initial, supplemental, and reply reports with specific timing requirements.
Document Type
Expert Report
Machine summary. Not checked yet.Mandatory?
Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.
Summary: Joint letter required for testimony approval at claim construction hearing, due with answering briefs.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
(f) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). A party must submit a separate concise statement of facts for each summary judgment motion. Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.
Summary: Summary judgment motions must include a separate concise statement of facts; opponents must respond with their own concise statement admitting/disputing facts.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).
Summary: Affidavits, declarations, and exhibits must be attached only to concise statements, not briefs.
Document Type
Concise Statement
Machine summary. Not checked yet.Mandatory?
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Summary: Non-dispositive motions must include the Local Rule 7.1.1 statement.
Document Type
Motion
Filing & Service rules
Electronic Filing Rules
Sealed documents must be filed electronically.
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 13 | SCHEDULING ORDER FOR HATCH-WAXMAN PATENT INFRINGEMENT CASES
Compendiums must not be filed electronically; a notice of service must be filed electronically.
Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court.
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Page 22 | 30. Compendium of Cases
Filing Timing and Cure Windows
Initial disclosures must be made within five days of the scheduling order.
the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order.
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Page 2 | 3. Rule 26(a)(1) Initial Disclosures
Pre-motion letter for discovery disputes must be filed 72 hours before the conference.
by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter
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Page 11 | 16(a)
Proposed protective orders must be submitted to the Court within 10 days of this Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order.
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Page 11 | 15
Opposition letter for discovery disputes must be filed 48 hours before the conference.
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter
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Page 12 | 16(b)
Electronic version of sealed documents must be filed within seven days of the initial filing.
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 13 | SCHEDULING ORDER FOR HATCH-WAXMAN PATENT INFRINGEMENT CASES
Parties must file a Joint Claim Construction Brief by a specified deadline.
No later than the parties shall file a Joint Claim Construction Brief.
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Page 15
Joint proposed final pretrial order must be filed by 5:00 p.m., 21 days before the pretrial conference.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on [21 days before the pretrial conference].
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Page 20 | 28. Pretrial Conference
Statement must be filed within 45 days of this order or 30 days of initial pleading/transfer, whichever is later.
Within the later of 45 days of this Order or 30 days of the filing of an initial pleading or transfer of the matter to this District, including the removal of a state action, the party receiving such funding shall file a statement (separate from any pleading) containing the following information:
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Page 1 | 1
Certification of Diversity Jurisdiction must be filed within 14 days of initiating the case.
that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction
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Page 1 | STANDING ORDER REGARDING DISCLOSURE OF CITIZENSHIP OF ORGANIZATIONAL ENTITIES IN DIVERSITY CASES
Service and Proof of Service Rules
Noninfringement Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Noninfringement Contentions”
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Page 3 | 6
Invalidity Contentions must be served within 30 days after service of Preliminary Disclosure of Asserted Claims.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Invalidity Contentions”
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Page 3 | 7
Claim construction briefs are served on opposing counsel but not filed with the court individually.
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on . The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on . The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on .
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Page 15
Courtesy Copy Requirements
Two courtesy copies of discovery dispute letters and attachments must be delivered to chambers within one hour of e-filing.
(c) Two hard copies of the parties’ letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 14 and 18 of this Order.
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Page 12 | 16(c)
Two hard copies of letters, briefs, and supporting documents must be provided to the Court.
Hard Copies. The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 16 of this Order, all briefs, and any other documents filed in support of any such letters and briefs. This provision also applies to papers filed under seal.
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Page 13 | SCHEDULING ORDER FOR HATCH-WAXMAN PATENT INFRINGEMENT CASES
Two hard copies required within 1 hour of e-filing.
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s).
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Page 12 | Disputes Relating to Discovery Matters and Protective Orders
Two hard copies required for letters, briefs, and supporting documents (including sealed papers).
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 12 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement of facts filed pursuant to paragraph 20 of this Order, appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.
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Page 13 | Hard Copies
Two hard copies of letters, briefs, and supporting documents must be provided to the Court, including for sealed filings.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 12 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement of facts filed pursuant to paragraph 20 of this Order, appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.
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Page 13 | Hard Copies
Two courtesy copies of compendium required with any briefing
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
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Page 25 | Compendium of Cases
Two hard copies of letters and attachments must be provided to Court within one hour of e-filing.
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 10 and 14 of this Order.
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Two hard copies of all letters, briefs, and supporting documents must be provided to the Court.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 10 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement declarations, affidavits, etc.). This provision also applies to papers filed under seal.
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Page 7 | Hard Copies
Two hard copies of letters and attachments must be delivered to the Court within one hour of e-filing.
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 8 and 12 of this Order.
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Page 7 | Disputes Relating to Discovery Matters and Protective Orders
Two hard copies of letters and attachments must be provided to Court within one hour of e-filing.
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 8 and 12 of this Order.
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Two hard copies required for all letters, briefs, and supporting documents, including sealed papers.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 10 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement declarations, affidavits, etc.). This provision also applies to papers filed under seal.
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Joint Claim Construction Chart must be emailed to chambers in Word format simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.
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Two courtesy copies of a compendium of authorities may be submitted with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
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Page 21 | 30. Compendium of Cases
Parties may submit two courtesy copies of a case compendium with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
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Page 26 | Compendium of Cases
Parties may submit two courtesy copies of a case compendium with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
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Page 20 | Compendium of Cases
Two courtesy copies of compendium allowed with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
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Sealing & Redaction Procedures
When filing under seal, deliver original and two copies to the Clerk; also file a redacted version.
17. Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of
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Page 12 | 17
Sealed documents require 1 original + 2 copies to Clerk; electronic redacted version within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 13 | Papers Filed Under Seal
Sealed filings require original plus 2 copies to Clerk, with redacted version filed electronically within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 13 | Papers Filed Under Seal
Sealed papers require an original and two copies delivered to the Clerk, with a redacted version filed electronically within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 7 | Papers Filed Under Seal
Sealed papers require original plus two copies to Clerk; redacted version must be filed electronically within 7 days.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Filing Bundling Requirements
Motions in limine must be included in the proposed pretrial order, not filed separately; no separate briefing allowed.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 21 | 29. Motions in Limine
In limine requests must be included in pretrial order; max 3 requests per party with 3-page arguments and 1-page reply
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be
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Page 25 | Motions in Limine
Separate briefing on in limine requests is prohibited unless court permission is obtained.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 26 | Motions in Limine
Multiple Daubert motions must be numbered in order of priority; Court will not review subsequent motions if one is denied.
A party that files more than one Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on. The Court will review the party's Daubert motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further Daubert motions filed by the party.
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Multiple summary judgment motions must be numbered in order of priority; Court will not review subsequent motions if one is denied.
A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on. The Court will review the party's summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the party.
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Multiple motions relying on different facts must be filed separately
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
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Multiple motions relying on different facts cannot be combined into a single motion.
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
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Court reviews summary judgment motions in designated order and stops reviewing if any motion is denied, unless exceptional reasons exist.
The Court will review the party’s summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the party.
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Page 5 | Summary Judgment Motion Sequencing
Parties are prohibited from combining multiple motions that rely on different facts into a single motion.
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
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Parties are prohibited from combining multiple motions that rely on different facts into a single motion.
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
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Page 14 | Motions to Be Filed Separately
Parties must combine their individual claim construction briefs into a single Joint Claim Construction Brief following the specified format.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
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Page 16
Materials that would be submitted in an appendix must be bundled into a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
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Pre-Motion Conference Requirements
Before filing a discovery dispute motion, parties must schedule a conference and file a pre-motion letter (max 3 pages) with attachments and a one-paragraph motion; opposition letters (max 3 pages) are due 48 hours before the conference; non-compliance results in denial without prejudice.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court’s Case Manager to schedule an in-person conference/argument. (a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party’s position on those issues. The party shall submit as attachments to its letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties and (2) a draft order for the Court’s signature that identifies with specificity the relief sought by the party. The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought. (b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition. (d) If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the procedures set forth in this paragraph.
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Page 11 | 16
Contact Case Manager to schedule in-person conference for discovery disputes.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
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Page 12 | Disputes Relating to Discovery Matters and Protective Orders
Motions not following procedures will be denied without prejudice.
If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the
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Page 12 | Disputes Relating to Discovery Matters and Protective Orders
Meet and confer required 3-2 weeks before claim construction hearing to file Amended Joint Claim Construction Chart.
On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.
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Page 17 | claim construction
Discovery disputes require contacting the Court's Case Manager to schedule an in-person conference.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
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For unresolved discovery disputes, parties must schedule a conference with the Case Manager and file a letter (max 3 pages) 72 hours prior, with required attachments.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues. The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought
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Page 6 | Disputes Relating to Discovery Matters and Protective Orders
Meet and confer required 2-3 weeks before claim construction hearing.
On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.
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Page 12 | 15. Meet and Confer Confirmation and Amended Claim Chart
Multiple summary judgment motions must be numbered (#1, #2, etc.) in desired review order; denied motions halt further review except for exceptional reasons.
Ranking of Summary Judgment Motions. A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #I, the second motion shall be designated #2, and so on. The Court will review the party's summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the party.
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Multiple Daubert motions must be numbered (#1, #2, etc.) in desired review order; denied motions halt further review except for exceptional reasons; failure to cross-examine after denial reduces trial time.
Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on. The Court will review the party's Daubert motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further Daubert motions filed by the party. If the Court denies a Daubert motion and the party that brought the motion does not cross examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that party at trial.
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Judge will not review summary judgment motions if a previous motion by the same party was denied.
For any summary judgment motion filed by a party after today, as a general rule, I will not review the motion if I have previously denied a summary judgment motion filed by that party in the case.
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Page 3 | STANDING ORDER FOR SUMMARY JUDGMENT PRACTICE IN PATENT CASES ASSIGNED TO JUDGE CONNOLLY
No Amended Joint Claim Construction Chart required if no agreements reached in meet and confer.
If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.
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Page 17 | claim construction
Adjournment & Extension Requirements
Extending the joint claim construction brief deadline will presumptively result in loss of the claim construction hearing date.
Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.
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Page 16
Claim construction hearing: no testimony without prior approval, max 3 hours total.
Beginning at _ _ __ .m. on _ _ _ _ _ _ _ _ the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.
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Page 18 | claim construction
Rule 56 dispositive motions cannot be filed more than 10 days before the deadline without leave.
No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.
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If Daubert motion is denied and party doesn't cross-examine expert, trial time will be reduced.
If the Court denies a Daubert motion and the party that brought the motion does not cross examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that party at trial.
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Chambers Communication Rules
Joint Claim Construction Chart must be emailed to chambers simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfe_civil@ded.uscourts.gov.
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Page 14 | SCHEDULING ORDER FOR HATCH-WAXMAN PATENT INFRINGEMENT CASES
Joint Claim Construction Chart must be emailed to cfc_civil@ded.uscourts.gov simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.
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Page 14 | Claim Construction Issue Identification
Contact Case Manager to schedule in-person conference for discovery disputes.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
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Page 6 | Disputes Relating to Discovery Matters and Protective Orders