Judge Jennifer Choe-Groves

its (their) opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its (their) reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) sur-reply brief, not to exceed 2,750 words, on [DATE]. The text for each brief shall be 14-point and in Times New Roman or a similar typeface.

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.

The Court will consider in limine requests on the papers (with moving parties a single one-page reply).

The Plaintiff(s) shall serve, but not file, its opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on [DATE].

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 in total.

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, a combined total of 12,500 words for all answering briefs, and a combined total of 6,250 words for all reply briefs.

The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words.

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.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to steve_taronji@cit.uscourts.gov. The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.

The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to the Chambers of Judge Choe-Groves.

5. All motions requesting an amendment to an existing scheduling order shall include a table reflecting all remaining events, the current deadlines for each of those events, and the requested new deadlines for each of those events. The table shall be formatted as follows:

Should the Parties 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

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.

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.

No later than [DATE], the parties shall file a Joint Claim Construction Brief. (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.) 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.

Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

After the filing of Markman briefs, Judge Choe-Groves requires a joint claim construction chart that reflects the claim constructions on which the Parties disagree.

After the filing of motions for summary judgment, Judge Choe-Groves requires a joint statement of undisputed material facts that reflects those facts on which the Parties agree.

ORDERED that any submission in a case assigned to Judge Choe-Groves that contains text drafted with the assistance of a generative AI program on the basis of natural language prompts must be accompanied by: (1) A disclosure notice that identifies the program used, the manner in which it was used, and the specific portions of text that have been drafted; (2) A certification that counsel or the party has reviewed the included text and legal research for factual and legal accuracy; and (3) A certification that the use of such AI program has not resulted in the unauthorized disclosure of any confidential or business proprietary information;

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 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 identities 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; c. A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such Party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and d. Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.

6. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, the Party opposing a claim of patent infringement shall produce or make available for inspection and copying: a. Source code1, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its chart produced pursuant to paragraph 3(c) of this Order; b. A copy or sample of the prior art identified pursuant to paragraph 5(a) that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced; 1 The parties may mutually agree on a later date for source code inspection, so long as the inspection is completed at least two (2) weeks prior to the due date for the final infringement contentions, set forth in the table at the conclusion of this Order.

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. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.

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. [ ]).'

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.

The Joint Claim Construction Brief and Joint Appendix shall comply with paragraph 10 of this Order.

The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

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.

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. 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.

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.

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).

Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.