Judge Sunil R. Harjani
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motions In Limine
- 2 copies
Pretrial Order
- 2 copies
Adjournments
- Initial response to non-infringement/invalidity contentions due within 14 days.
- Contact Systems Department at least 2 weeks before trial for technology assistance.
- Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.
- Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.
- Initial expert disclosures due 28 days after claim construction ruling or close of discovery.
- +2 more
- Requests for expedited transcripts must be made at least 7 days before trial.
- Pretrial Order drafting schedule: plaintiff draft 21 days before due, defendant response 14 days before due, meet-and-confer 7 days before due.
- Final pretrial conference scheduled at least 3 weeks before trial.
Page & Word Limits11 rules
Machine summary. Not checked yet.Mandatory?
(a) an identification of no more than 25 claims of each patent in suit that are allegedly infringed by the opposing party, but no more than 50 claims total, including for each claim the applicable statutory subsection of 35 U.S.C. § 271;
Summary: Initial infringement contentions limited to 25 claims per patent, max 50 total.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Final Invalidity Contentions may rely on more than twenty-five (25) prior art references only by order of the Court upon a showing of good cause and absence of unfair prejudice to opposing parties.
Summary: Final invalidity contentions limited to 25 prior art references unless court orders otherwise.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
(1) Within nineteen (19) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties a list identifying no more than 10 claims per patent and no more than 20 claims overall that the party is asserting, each of which must be selected from claims identified in the Initial Infringement Contentions.
Summary: Final infringement contentions must identify max 10 claims per patent, 20 total, within 19 weeks.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
For each claim alleged to be invalid, the Final Unenforceability and Invalidity Contentions are limited to four (4) prior art grounds per claim and four (4) non-prior art grounds. No claim asserted to be infringed shall be subject to more than eight (8) total grounds per claim.
Summary: Final invalidity contentions limited to 4 prior art grounds and 4 non-prior art grounds per claim.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
(2) Within twenty-one (21) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties "Final Infringement Contentions" containing the information required by LPR 2.2 (a)-(h). In the Final Infringement Contentions, no Accused Instrumentality may be accused of infringing more than ten (10) claims per patent and twenty (20) claims overall, selected from the claims identified in the Initial Infringement Contentions.
Summary: Final infringement contentions due within 21 weeks; max 10 claims per patent, 20 total.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Within twenty-eight (28) days after filing of the Opening Claim Construction brief, the parties claiming infringement shall file their Responsive Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of Court.
Summary: Responsive claim construction brief limited to 25 pages.
Responsive Brief
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within thirty-five (35) days after the exchange of terms set forth in LPR 4.1(a), the parties opposing infringement shall file their Opening Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of court.
Summary: Opening claim construction brief limited to 25 pages.
Opening Brief
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within fourteen (14) days after filing of the Responsive Claim Construction Brief, the parties opposing infringement shall file their Reply Claim Construction Brief, which may not exceed fifteen (15) pages absent prior leave of Court.
Summary: Reply claim construction brief limited to 15 pages.
Reply Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any trial briefs shall be limited to 10 pages without leave of court.
Summary: Trial briefs limited to 10 pages without leave of court.
Trial Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
The presence of multiple alleged infringers with different products or processes shall, in an appropriate case, constitute good cause for allowing additional pages in the Opening, Responsive, or Reply Claim Construction Briefs or for allowing separate briefing as to different alleged infringers.
Summary: Multiple infringers may justify additional pages or separate briefing.
Brief
Machine summary. Not checked yet.Note?
The government has 6 peremptory challenges and the defendant has 10 peremptory challenges pursuant to Federal Rule of Criminal Procedure 24, unless otherwise requested and approved by the Court.
Summary: Government gets 6 peremptory challenges; defendant gets 10.
Structured details unavailable. See the source text.
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
The Pretrial Order either should be placed in a three-hole binder or spiral-bound on the left side of the document, with tabs on the right side.
Summary: Pretrial Order must be three-hole bound or spiral-bound with tabs.
Machine summary. Not checked yet.Mandatory?
The Pretrial Order either should be placed in a three-hole binder or spiral bound on the left side of the document, with tabs on the right side.
Summary: Pretrial Order must be three-hole bound or spiral bound with tabs.
Machine summary. Not checked yet.Mandatory?
The subjects discussed below should be addressed in separate, tabbed and numbered sections of the Pretrial Order.
Summary: Pretrial Order must have separate, tabbed, numbered sections.
Document Filing Requirements19 rules
Machine summary. Not checked yet.Mandatory?
Two bench books of each party's exhibits are to be delivered to the Court at or before the start of the trial.
Summary: Two bench books of exhibits required for trial.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Fact discovery shall commence upon the date for the Initial Disclosures under LPR 2.1 and shall be completed twenty-eight (28) days after the date for exchange of claim terms and shall end forty-two (42) days after entry of the claim construction ruling.
Summary: Fact discovery starts after initial disclosures, ends 28 days after claim terms exchange, and resumes 42 days after claim construction ruling.
Document Type
Discovery Schedule
Machine summary. Not checked yet.Mandatory?
In their conference pursuant to Fed. R. Civ. P. 26(f), the parties must discuss and address those matters found in the form scheduling order contained in LPR Appendix "A." A completed proposed version of the scheduling order is to be presented to the Court within seven (7) days after the Rule 26(f) conference or at such other time as the Court directs.
Summary: Parties must present proposed scheduling order within 7 days of Rule 26(f) conference.
Document Type
Scheduling Order
Machine summary. Not checked yet.Mandatory?
All disclosures made pursuant to LPR 2.2, 2.3, 2.4, 2.5, 3.1, and 3.2 must be dated and signed by counsel of record (or by the party if unrepresented by counsel) and are subject to the requirements of Federal Rules of Civil Procedure 11 and 26(g).
Summary: All LPR disclosures must be dated, signed, and comply with FRCP 11 and 26(g).
Document Type
Disclosure
Machine summary. Not checked yet.Mandatory?
The plaintiff and any defendant that files an answer or other response to the complaint shall exchange their Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1) ("Initial Disclosures") within fourteen (14) days after the defendant files its answer or other response, provided, however, if defendant asserts a counterclaim for infringement of another patent, the Initial Disclosures shall be exchanged within fourteen (14) days after the plaintiff files its answer or other response to that counterclaim.
Summary: Initial disclosures must be exchanged within 14 days of answer/response, or 14 days after plaintiff's answer to counterclaim.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
A party asserting a claim of patent infringement shall produce or make the following available for inspection and copying along with its Initial Disclosures, to the extent they are in the party's possession, custody or control.
Summary: Patent infringement claimant must produce specific documents with initial disclosures.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
A party opposing a claim of patent infringement shall produce or make the following available for inspection and copying, along with its Initial Disclosures:
Summary: Patent infringement defendant must produce specific documents with initial disclosures.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
With respect to LPR 2.1 (a) and (b), each producing party shall separately identify by production number which documents correspond to each category of the corresponding LPR.
Summary: Producing parties must identify documents by production number for each LPR category.
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
A party claiming patent infringement must serve on all parties "Initial Infringement Contentions" containing the following information within fourteen (14) days after the Initial Disclosures under LPR 2.1:
Summary: Initial infringement contentions must be served within 14 days after initial disclosures.
Document Type
Initial Infringement Contentions
Machine summary. Not checked yet.Mandatory?
Amendments or supplementation to expert reports after the deadlines provided herein are presumptively prejudicial and shall not be allowed absent prior leave of court upon a showing of good cause that the amendment or supplementation could not reasonably have been made earlier and that the opposing party is not unfairly prejudiced.
Summary: Amendments to expert reports presumptively prejudicial without good cause.
Document Type
Expert Report
Machine summary. Not checked yet.Mandatory?
Any exhibits, including demonstrative exhibits, to be used at a claim construction hearing must be exchanged no later than three (3) days before the hearing.
Summary: Exhibits must be exchanged 3 days before claim construction hearing.
Document Type
Claim Construction Hearing
Machine summary. Not checked yet.Mandatory?
Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary.
Summary: Witnesses not listed in Pretrial Order are precluded from testifying without good cause.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
The parties must provide the Court with two exhibit binders containing the objected-to deposition testimony and exhibits.
Summary: Two exhibit binders required for objected-to deposition testimony and exhibits.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause.
Summary: Objections not in Pretrial Order are waived without good cause.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Any exhibit not listed in the Pretrial Order will be excluded from evidence absent a showing of good cause.
Summary: Exhibits not listed in Pretrial Order are excluded from evidence without good cause.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Two bench books of each party’s exhibits are to be delivered to the Court at or before the start of trial.
Summary: Two bench books of exhibits required at or before trial start.
Document Type
Exhibit Bench Book
Machine summary. Not checked yet.Important?
A party may not object to mandatory disclosures under Federal Rule of Civil Procedure 26(a) or to a discovery request on the ground that it conflicts with or is premature under the LPR, except to the following categories of requests and disclosures: (a) requests for a party's claim construction position; (b) requests to the patent claimant for a comparison of the asserted claims and the accused apparatus, device, process, method, act, or other instrumentality;
Summary: Objections to FRCP 26(a) disclosures or discovery requests are generally prohibited if premature under LPR, except for claim construction positions and claim/apparatus comparisons.
Document Type
Discovery Request
Machine summary. Not checked yet.Note?
These Rules ("LPR") apply to all cases filed in or transferred to this District after September 24, 2009, in which a party makes a claim of infringement, non-infringement, invalidity, or unenforceability of a utility patent.
Summary: LPR apply to patent cases filed after 9/24/2009 involving utility patent claims.
Document Type
Case Filing
Machine summary. Not checked yet.Note?
The disclosures provided for in LPR 2.2, 2.3, 2.4, and 2.5 are inadmissible as evidence on the merits.
Summary: Initial disclosures under LPR 2.2-2.5 are inadmissible as evidence on the merits.
Document Type
Initial Disclosure
Filing & Service rules
Courtesy Copy Requirements
Three copies of Final Pretrial Order required for chambers.
An original and two (2) copies of the Final Proposed Pretrial Order shall be delivered to chambers.
Machine summary. Not checked yet. · Criminal cases
Two courtesy copies of motions in limine must be delivered to chambers.
Two (2) courtesy copies of any motions in limine shall be delivered to chambers in accordance with the Local Rules.
Machine summary. Not checked yet. · Criminal cases
Two courtesy copies of Final Pretrial Order required for chambers.
An original and two (2) copies of the Final Proposed Pretrial Order shall be delivered to chambers.
Machine summary. Not checked yet. · Civil cases
Two courtesy copies of motions in limine required for chambers.
Two (2) courtesy copies of any motions in limine shall be delivered to chambers in accordance with the Local Rules.
Machine summary. Not checked yet. · Civil cases
Sealing & Redaction Procedures
Default protective order in Appendix B effective upon initial disclosures; modifications allowed for good cause without delaying disclosures.
The protective order found in LPR Appendix B shall be deemed to be in effect as of the date for each party's Initial Disclosures. Any party may move the Court to modify the Appendix B protective order for good cause. The filing of such a motion does not affect the requirement for or timing of any of the disclosures required by the LPR.
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Page 4 | LPR 1.4 Confidentiality
Pre-Motion Conference Requirements
Substantial exhibit objections must be filed as motions in limine.
Any substantial objection to an exhibit shall be filed as a motion in limine.
Machine summary. Not checked yet. · Criminal cases
Adjournment & Extension Requirements
Parties must meet and confer 7 days before Pretrial Order due date.
The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.
Machine summary. Not checked yet. · Criminal cases
Government must provide Pretrial Order draft 21 days before due date.
The government has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due.
Machine summary. Not checked yet. · Criminal cases
Defendant must respond to Pretrial Order draft 14 days before due date.
Defendant’s counsel must respond in writing to the government’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to the draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony).
Machine summary. Not checked yet. · Criminal cases
Requests for expedited transcripts must be made at least 7 days before trial.
Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.
Machine summary. Not checked yet. · Criminal cases
Initial response to non-infringement/invalidity contentions due within 14 days.
Within fourteen (14) days after service of the Initial Non-Infringement and Invalidity Contentions under LPR 2.3, each party claiming patent infringement shall serve upon all parties its "Initial Response to Non-Infringement and Invalidity Contentions."
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Page 9 | LPR 2.5
Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.
In a case initiated by a complaint for declaratory judgment in which a party files a pleading seeking a judgment that a patent is not infringed, is invalid, or is unenforceable, LPR 2.2 and 2.3 shall not apply unless a party makes a claim for patent infringement. If no claim of infringement is made, the party seeking a declaratory judgment must comply with LPR 2.3 and 2.4 within twenty-eight (28) days after the Initial Disclosures.
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Page 9 | LPR 2.6
Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.
Not later than 28 days after the due date for Final Infringement Contentions under LPR 3.1:
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Page 10 | LPR 3.2
Initial expert disclosures due 28 days after claim construction ruling or close of discovery.
within twenty-eight (28) days after the claim construction ruling or the close of discovery after the claim construction ruling, whichever is later, each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof;
Machine summary. Not checked yet.
Rebuttal expert disclosures due 28 days after initial expert reports.
within twenty eight (28) days after the date for initial expert reports, each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof.
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Expert depositions must be completed within 28 days after rebuttal disclosures.
Depositions of expert witnesses shall be completed within twenty-eight (28) days after exchange of expert rebuttal disclosures.
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Pretrial Order drafting schedule: plaintiff draft 21 days before due, defendant response 14 days before due, meet-and-confer 7 days before due.
Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.
Machine summary. Not checked yet. · Civil cases
Contact Systems Department at least 2 weeks before trial for technology assistance.
Contact the Systems Department within the Clerk’s Office at least two weeks before trial if you need assistance with understanding how to operate the courtroom display technology equipment.
Machine summary. Not checked yet. · Civil cases
Requests for expedited transcripts must be made at least 7 days before trial.
Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.
Machine summary. Not checked yet. · Civil cases
Final pretrial conference scheduled at least 3 weeks before trial.
The Court will set a date for the final pretrial conference at least three weeks before trial.
Machine summary. Not checked yet. · Civil cases
Early summary judgment motions permitted at judge's discretion.
This Rule does not preclude a party from moving for summary judgment at an earlier stage of the case if circumstances warrant. It is up to the trial judge to determine whether to consider an "early" summary judgment motion.
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