Court Rules
Judge

Judge Gregory B. Williams

Individual Rules, Standing Orders & Policies

Rules last changed:
District of Delaware

Limits & Logistics

Document Limits

In Limine Request
3 pgs
Opposition Letter
5 pgs
Reply Letter
2 pgs
Opening Brief
5,000 wds
Answering Brief
7,500 wds
Reply Brief
5,000 wds

Courtesy Copies

All filings

  • 2 copies • Upon Filing

Brief, Appendix, Exhibit, Declaration, Affidavit, Sealed Document

  • Hand Delivery • Upon Filing

Binding: Tabbed Three Ring

Courtesy copies

  • 1 copy • Email • Upon Filing
  • 2 copies

Discovery Letter

  • 2 copies

Communication

Email

Chambers

gbw_civil@ded.uscourts.gov
Scheduling
Letter via ECF

Chambers

Scheduling
Cases:
Filters:AllMandatoryImportantFormattingMemorandaLettersDiscoveryConferencesPage LimitsTRO/InjunctionTOC/TOA

Page & Word Limits36 rules

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally

Summary: Party seeking discovery relief limited to 3-page letter.

Letter

3 pages

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motions to amend require 3-page letter instead of opening brief, with proposed amended pleading and blackline comparison.

Letter

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Summary: Opposition to motion to amend limited to 5-page responsive letter, due within 7 days.

Letter

5 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Summary: Opposing party in discovery dispute limited to 3-page response letter.

Letter

3 pages

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 6
|SecDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Summary: Opposition to motions to strike must be filed within 7 days as a 5-page letter.

Opposition Letter

5 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Summary: Reply to motion to strike opposition must be filed within 3 days, not exceeding 2 pages.

Reply Letter

2 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

Summary: Reply to motions to strike must be filed within 3 days as a 2-page letter, with teleconference request.

Reply Letter

2 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Summary: Defendant's sur-reply brief limited to 2,500 words (served but not filed)

Sur Reply Brief

2,500 words

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on .

Summary: Defendant's answering brief limited to 7,500 words (served but not filed)

Answering Brief

7,500 words

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on .

Summary: Plaintiff's reply brief limited to 5,000 words (served but not filed)

Reply Brief

5,000 words

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on .

Summary: Plaintiff's opening brief limited to 5,000 words (served but not filed)

Opening Brief

5,000 words

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

maximum of one (l) additional page in reply in support of its request.

Summary: In limine reply limited to 1 page.

In Limine Reply

1 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words

Summary: Defendant's sur-reply claim construction brief limited to 2,500 words.

Sur Reply

2,500 words

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three

Summary: In limine requests limited to 3 pages of argument.

In Limine Request

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words

Summary: Plaintiff's opening claim construction brief limited to 5,000 words.

Opening Brief

5,000 words

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words

Summary: Plaintiff's reply claim construction brief limited to 5,000 words.

Reply

5,000 words

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages, and the moving party may file a maximum of one (1) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Summary: Motions in limine are limited to 3 pages of argument, 3 pages of opposition, and 1 page of reply per side.

Motion In Limine Argument

3 pages

Motion In Limine Opposition

3 pages

Motion In Limine Reply

1 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words

Summary: Defendant's answering claim construction brief limited to 7,500 words.

Opposition

7,500 words

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.

Summary: Each side limited to 3 in limine requests.

In Limine Request

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.

Summary: Daubert motions subject to dispositive motion page limits.

Structured details unavailable. See the source text.

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Summary: Reply letter to motion to amend limited to 2 pages.

Reply Letter

2 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to amend... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Summary: Motion to amend letter limited to 3 pages.

Motion To Amend Letter

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Summary: Opposition letter to motion to amend limited to 5 pages.

Opposition Letter

5 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to strike... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Summary: Motion to strike letter limited to 3 pages.

Motion To Strike Letter

3 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Summary: Word limits for claim construction briefs: opening/reply 5,000 words, answering 7,500 words, sur-reply 2,500 words.

Opening Brief

5,000 words

Applies to: Attorney

Answering Brief

7,500 words

Applies to: Attorney

Reply Brief

5,000 words

Applies to: Attorney

Sur Reply Brief

2,500 words

Applies to: Attorney

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SecClaim Construction Issue Identification
Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.

Summary: Combined page limits for case dispositive motions: 40 pages for answering briefs, 20 pages for reply briefs.

Case Dispositive Motion

40 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.

Summary: Opposing party may include separate concise statement limited to 4 pages.

Opposition

4 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.

Summary: Moving party's reply response limited to 4 pages.

Reply

4 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.

Summary: Opposing party's response to concise statement limited to 6 pages.

Opposition

6 pages

Applies to: Attorney

Page LimitsCivil cases

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 pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.

Summary: Daubert motions increase page limits to 50 pages for opening/answering briefs, 25 pages for reply briefs per side.

Case Dispositive Motion

50 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.

Summary: Total briefing limit of 250 pages for all case dispositive and Daubert motions across related cases.

Case Dispositive Motion

250 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, all SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.

Summary: Post-trial briefs limited to 20 pages (opening/answering) and 10 pages (reply).

Opening Brief

20 pages

Applies to: Attorney

Answering Brief

20 pages

Applies to: Attorney

Reply Brief

10 pages

Applies to: Attorney

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

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 SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Summary: In limine requests limited to 3 per side, with 3-page support, 3-page opposition, and 1-page reply.

In Limine Request

3 pages

Page LimitsCivil cases

Machine summary. Not checked yet.Important?

A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side.

Summary: Maximum number of interrogatories permitted per side.

Interrogatories

Document Format Requirements3 rules

FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Summary: Joint Claim Construction Chart must be in Word format and emailed to specified address.

Required Format

DOCX

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SecClaim Construction Issue Identification
FormattingCivil cases

Machine summary. Not checked yet.Mandatory?

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Summary: Joint Claim Construction Chart must be in Word format and emailed to specific address.

Required Format

DOCX

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 9
|SecClaim Construction Issue Identification
FormattingCivil cases

Machine summary. Not checked yet.Important?

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Summary: Joint Claim Construction Chart must be in Word format.

Required Format

DOCX

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SecClaim Construction Issue Identification

Document Filing Requirements38 rules

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.

Summary: Initial disclosures required within 5 days of order entry.

Document Type

Initial Disclosure

Content & Formatting
Certificate Of Service
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .

Summary: Motions to join parties or amend pleadings must be filed by specified deadline.

Document Type

Motion To Amend

Content & Formatting
Certificate Of Service
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 2
|SecJoinder of Other Parties and Amendment of Pleadings
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motions to amend must include proposed amended pleading and blackline comparison; opening brief not permitted.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes.

Summary: Joint technology tutorial limited to 30 minutes, due with Joint Claim Construction Chart.

Document Type

Technology Tutorial

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motions to strike must attach the document to be stricken.

Document Type

Motion To Strike

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

the parties shall file a letter requesting a teleconference to address the motion to strike.

Summary: Parties must file a letter requesting a teleconference to address the motion to strike.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart.

Summary: Patents and relied-upon intrinsic record portions must accompany Joint Claim Construction Chart.

Document Type

Joint Claim Construction Chart

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SecClaim Construction Issue Identification
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.

Summary: Joint Claim Construction Chart must identify disputed terms and cite only intrinsic evidence.

Document Type

Joint Claim Construction Chart

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SecClaim Construction Issue Identification
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than , the parties shall file a Joint Claim Construction Brief.

Summary: Joint Claim Construction Brief must be filed by specified deadline

Document Type

Joint Claim Construction Brief

Content & Formatting
Caption
Case Number
Judge Name
Filing RequirementsCivil cases

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 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 "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] 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: Any proposed protective order must include a specific "Other Proceedings" paragraph regarding disclosure of confidential information in other cases.

Document Type

Protective Order

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 13
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Summary: Parties must file a Joint Claim Construction Brief by combining their unfiled briefs into one document with positions in sequential order.

Document Type

Joint Claim Construction Brief

Content & Formatting
Legal Argument
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Summary: The proposed final pretrial order must include a table of contents and numbered paragraphs.

Document Type

Pretrial Order

Content & Formatting
Table Of Contents
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Summary: Joint proposed final pretrial order due 7 days before pretrial conference.

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Summary: Parties must submit joint letter by answering brief due date requesting testimony leave and time allocation for claim construction hearing.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

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

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.

Summary: Initial disclosures under Rule 26(a)(1) must be made within 5 days of order entry.

Document Type

Initial Disclosure

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent.

Summary: Plaintiff must identify accused products, damages model, asserted patents, and produce file histories by specified deadline.

Document Type

Patent Disclosure

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(b) By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).

Summary: Defendant must produce core technical documents and sales figures for accused products by specified deadline.

Document Type

Technical Disclosure

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

(c) By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.

Summary: Plaintiff must produce an initial claim chart relating accused products to asserted claims by specified deadline.

Document Type

Claim Chart

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Summary: Motion to amend requires 3-page letter instead of brief.

Document Type

Motion To Amend

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Summary: Motion to strike requires 3-page letter instead of brief.

Document Type

Motion To Strike

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue... an electronic tutorial of not more than thirty (30) minutes

Summary: Joint technology tutorial limited to 30 minutes.

Document Type

Technology Tutorial

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Summary: Parties must file a Joint Claim Construction Brief combining their unfiled briefs.

Document Type

Joint Claim Construction Brief

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SecClaim Construction Issue Identification
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Summary: Claim construction briefs must be served but not filed with the court.

Document Type

Claim Construction Brief

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SecClaim Construction Issue Identification
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.

Summary: Summary judgment motions require 6-page concise statement of essential facts.

Document Type

Summary Judgment Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Briefing will be presented pursuant to the Court's Local Rules.

Summary: Case dispositive motions must follow local rules for briefing.

Document Type

Case Dispositive Motion

Content & Formatting
Local Rule Certificate
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

[provide here a non-argumentative list of disputes requiring judicial attention]

Summary: Discovery dispute joint letter must include non-argumentative list of disputes requiring judicial attention.

Document Type

Letter

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s)

Summary: Discovery dispute joint letter must list participating attorneys including at least one Delaware Counsel and one Lead Counsel per party.

Document Type

Letter

Specific requirements detailed in rule text.
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SecDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

Summary: Counsel must submit joint letter with interim status report on matters in issue and discovery progress.

Document Type

Letter

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Summary: Pretrial order must have table of contents and numbered paragraphs.

Document Type

Pretrial Order

Content & Formatting
Table Of Contents
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix.

Summary: Materials that would be in an index must be submitted in a Joint Appendix.

Document Type

Joint Appendix

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Important?

Whenever the response of the United States is to a “suppression motion,” the response shall include the position of the United States as to whether an evidentiary hearing is required, including, if appropriate, the reasons for the position of the United States.

Summary: Responses to suppression motions must include the government's position on whether an evidentiary hearing is needed and the reasons for that position.

Document Type

Response

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.

Summary: Technology tutorials must focus on education, not argument.

Document Type

Technology Tutorial

Specific requirements detailed in rule text.

Filing & Service rules

Filing Timing and Cure Windows

The United States must file a response to a defendant's pretrial motion within 21 calendar days unless a case-specific order sets a different timetable.

Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant’s motion was filed;

Machine summary. Not checked yet. · Criminal cases

Page 1 | 1

Courtesy Copy Requirements

Two courtesy copies required for discovery letters

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

Machine summary. Not checked yet. · Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Two courtesy copies required for discovery letters and attachments.

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

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Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Courtesy copies required for briefs, appendices, exhibits, declarations, affidavits, and sealed papers; appendices/exhibits must have hard tabs.

courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal.

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Page 14 | courtesy copies of filings

Two courtesy copies of joint proposed final pretrial order required.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

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Two courtesy copies of the joint proposed final pretrial order and attachments must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

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Two courtesy copies of objections and exhibits must be provided by 8:15 a.m. and left on the courtroom podium.

By 8:15 a.m., the parties shall provide the Court with two (2) courtesy copies of the objections and relevant exhibits and deposition designations. The parties shall leave the courtesy copies on the podium in the courtroom.

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Page 1 | Dispute Resolutions / Objections

Two courtesy copies of witness binders must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of any witness binders.

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Page 2 | Witness Binders

Two courtesy copies of trial demonstratives must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of any demonstratives used at trial.

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Page 2 | Demonstratives

Two courtesy copies required for discovery letters.

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

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Page 7 | discovery letter

Electronic courtesy copies in Word format required for jury instructions.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.

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Page 17 | Jury Instructions

Two courtesy copies required for joint proposed final pretrial order.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

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Page 17 | Pretrial Order

Two courtesy copies required for filings, with hard tabs for appendices/exhibits, including sealed documents.

The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal.

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Sealing & Redaction Procedures

Redacted version of sealed documents must be filed electronically within 7 days.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 13 | Papers Filed Under Seal

Redacted versions of sealed documents must be filed electronically within 7 days of filing the sealed document.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

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Page 13 | Papers Filed Under Seal

Technology tutorials may be filed under seal.

The parties may choose to file their tutorial under seal, subject to any protective order in effect.

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Page 7 | Technology Tutorials

Filing Bundling Requirements

In limine motions must be included in pretrial order.

Motions in limine shall not be separately filed.

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Motions in limine must be included in proposed pretrial order with page limits and combined submissions.

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 SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

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Pre-Motion Conference Requirements

Daubert objections to expert testimony must be filed by motion within 14 days after the close of expert discovery.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court's Local Rules.

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Page 4 | Disclosure of Expert Testimony

Seeking party must file 3-page letter 48 hours before discovery conference

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

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Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Joint letter required for discovery disputes after meet-and-confer

the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:

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Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Opposition to motions to amend must file 5-page response within 7 days

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

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Page 6 | Motions to Amend

Motions to amend require 3-page letter with proposed pleading and blackline

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

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Page 6 | Motions to Amend

Opposing party may file 3-page opposition letter before discovery conference

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

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Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Motions to strike must be accompanied by a 3-page letter, not an opening brief.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

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Page 7 | Motions to Strike

Motions to strike must be accompanied by a letter (max 3 pages) instead of an opening brief, and must attach the document to be stricken.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

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Page 7 | Motions to Strike

Case dispositive motions in ANDA cases require party agreement and prior Court approval.

Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases.

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Motions to join parties or amend pleadings must follow procedures in Paragraphs 4(g) and 5.

Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 4(g) and 5.

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Page 2 | Motions to Join Parties and to Amend

Discovery motions must follow meet-and-confer procedures or be denied.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

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Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Party seeking discovery relief must file 3-page letter at least 48 hours before conference.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

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Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Opposing parties must file response letter at least 24 hours before conference.

On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the

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Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Rule 56 motions must be filed within 10 days of deadline without leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

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Page 12 | Case Dispositive Motions

Adjournment & Extension Requirements

The United States may request an extension or alteration of the response deadline for good cause.

For good cause shown, the United States may request an alteration to the presumptive schedule;

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Page 1 | 2

Chambers Communication Rules

Interim status report required by joint letter on specified date

On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

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Page 10 | Interim Status Report

Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

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Page 10 | Hearing on Claim Construction

Objections to evidence must be emailed to chambers by 6:00 a.m. on the trial day.

Delaware counsel, on behalf of the parties, shall notify the Court by email (gbw_civil@ded.uscourts.gov) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day.

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Page 1 | Dispute Resolutions / Objections

Parties must email glossary, witness list, and pronunciation guide to court reporter and chambers at least 3 business days before trial.

At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys' and witnesses' names.

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Page 3 | Court Reporter

Parties must email revised proposed jury instructions and verdict sheet to chambers before the charge conference.

Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.

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Page 3 | Charge Conference

Joint Claim Construction Chart must be in Word format and emailed to gbw_civil@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

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Page 8 | Claim Construction Issue Identification

All trial correspondence must go through the GBW Civil email mailbox.

Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).

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Page 1 | Communications to Chambers

About United States District Judge Gregory B. Williams

**District Judge Gregory B. Williams** was appointed to the District of Delaware by President Joseph Biden in 2022. He was nominated on April 25, 2022, confirmed by the Senate on July 20, 2022, received his commission on September 1, 2022, and assumed his judicial role on September 2, 2022. He filled the seat vacated by Leonard P. Stark. Prior to his appointment, Judge Williams engaged in private legal practice in Wilmington, Delaware and Philadelphia, Pennsylvania from 1995 through 2022. **Education** - Villanova University School of Law, J.D., 1995 - Millersville University, B.S. and B.A., 1990 **Career** - Private practice, Wilmington, DE and Philadelphia, PA (1995–2022)

**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 6124, Unit 26 **Courtroom:** 6B **Phone:** (302) 573-4571 **Note:** Delaware is a major patent and corporate litigation court. The District of Delaware handles a disproportionately large share of the nation's patent cases and corporate disputes given Delaware's role as the leading state for corporate incorporation.

Common questions about Judge Gregory B. Williams's rules

Are courtesy copies required for Judge Gregory B. Williams?

Courtesy-copy rule applies for discovery letters. Details: 2 copies. Two courtesy copies required for discovery letters

View ruleSource: page 6, section Discovery Matters and Disputes Relating to Protective Orders

Does Judge Gregory B. Williams require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Details: 3 pages. Seeking party must file 3-page letter 48 hours before discovery conference

View ruleSource: page 5, section Discovery Matters and Disputes Relating to Protective Orders

What page or word limits apply to in limine request before Judge Gregory B. Williams?

Judge Gregory B. Williams' rule states these limits: attorney: 3 pages. Each side limited to 3 in limine requests.

What page or word limits apply to opposition letter before Judge Gregory B. Williams?

Judge Gregory B. Williams' rule states these limits: attorney: 5 pages. Opposition to motions to strike must be filed within 7 days as a 5-page letter.

View ruleSource: page 7, section Motions to Strike

What formatting rules apply to filings before Judge Gregory B. Williams?

Judge Gregory B. Williams' formatting rule includes file format docx and must be emailed to gbw civil@ded.uscourts.gov. Joint Claim Construction Chart must be in Word format and emailed to specified address.

View ruleSource: page 8, section Claim Construction Issue Identification

What must be included with initial disclosure filings before Judge Gregory B. Williams?

The rule requires certificate of service. Initial disclosures required within 5 days of order entry.

View ruleSource: page 1, section Rule 26(a)(l) Initial Disclosures

What must be included with motion to amend filings before Judge Gregory B. Williams?

The rule requires certificate of service. Motions to join parties or amend pleadings must be filed by specified deadline.

View ruleSource: page 2, section Joinder of Other Parties and Amendment of Pleadings

How may parties contact Judge Gregory B. Williams' chambers?

The rule addresses letter ecf communications with Judge Gregory B. Williams' chambers. Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

View ruleSource: page 10, section Hearing on Claim Construction

How does Judge Gregory B. Williams handle sealed or redacted filings?

Judge Gregory B. Williams's rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Redacted version of sealed documents must be filed electronically within 7 days.

View ruleSource: page 13, section Papers Filed Under Seal

How do I request an adjournment or extension before Judge Gregory B. Williams?

Advance notice is not fully stated in the structured details. The United States may request an extension or alteration of the response deadline for good cause.

View ruleSource: page 1, section 2

Does Judge Gregory B. Williams require motion papers to be bundled?

Yes. Judge Gregory B. Williams requires bundling for covered papers. In limine motions must be included in pretrial order.

What filing deadlines does Judge Gregory B. Williams set?

The United States must file a response to a defendant's pretrial motion within 21 calendar days unless a case-specific order sets a different timetable.

View ruleSource: page 1, section 1
Complete rules summary for Judge Gregory B. Williams

Initial disclosures required within 5 days of order entry.

Motions to join parties or amend pleadings must be filed by specified deadline.

Seeking party must file 3-page letter 48 hours before discovery conference

Opposing party may file 3-page opposition letter before discovery conference

Two courtesy copies required for discovery letters

Joint letter required for discovery disputes after meet-and-confer

Technology tutorials may be filed under seal.

Pretrial order must have table of contents and numbered paragraphs.

Each side limited to 3 in limine requests.

Motions to amend require 3-page letter with proposed pleading and blackline

Opposition to motions to amend must file 5-page response within 7 days

Motions to strike must be accompanied by a 3-page letter, not an opening brief.

Opposition to motions to strike must be filed within 7 days as a 5-page letter.

Reply to motions to strike must be filed within 3 days as a 2-page letter, with teleconference request.

Joint technology tutorial limited to 30 minutes, due with Joint Claim Construction Chart.

Technology tutorials must focus on education, not argument.

Joint Claim Construction Chart must be in Word format and emailed to specified address.

Joint Claim Construction Chart must identify disputed terms and cite only intrinsic evidence.

Patents and relied-upon intrinsic record portions must accompany Joint Claim Construction Chart.

Plaintiff's opening brief limited to 5,000 words (served but not filed)

Defendant's answering brief limited to 7,500 words (served but not filed)

Plaintiff's reply brief limited to 5,000 words (served but not filed)

Defendant's sur-reply brief limited to 2,500 words (served but not filed)

Joint Claim Construction Brief must be filed by specified deadline

Materials for index must be submitted in Joint Appendix

Claim construction hearing scheduled at specified time and date

Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

Court will issue claim construction order within 60 days of hearing conclusion

Interim status report required by joint letter on specified date

In limine requests limited to 3 pages of argument.

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