Judge Maryellen Noreika

The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE].

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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. 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. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. 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. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. 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.

each SIDE will be limited to a combined total of 40 pages for all 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.

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.

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.

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.

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.

Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule.

Where page limits are specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.

All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size.

All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes.

All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.

In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:  Double-sided;  Stapled or bound;  Each exhibit in its own file folder clearly labeled; and  Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only

 Double-sided;  Stapled or bound;  Each exhibit in its own file folder clearly labeled; and  Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only

In patent cases, the Court would like to receive hyperlinked versions of the parties’ post-trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.

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 and include the reasons for that position of the United States, if appropriate.

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 and include the reasons for that position of the United States, if appropriate.

1. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing;

2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf.

All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered;

Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken.

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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion.

In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion.

A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court's judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov. Otherwise, the redlined version shall be attached to the stipulation or motion.

Otherwise, the redlined version shall be attached to the stipulation or motion.

On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.

The pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.

The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter

On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.

All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.

Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.

The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.

shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Only admitted trial exhibits may be relied upon in post-trial briefing.

Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.

No appendices shall be submitted with post-trial briefs.

Examination of witnesses shall be limited to direct, cross and redirect.

Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

No appendices shall be submitted with post-trial briefs.

Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Only admitted trial exhibits may be relied upon in post-trial briefing.

In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format: