RULE 16.6 SCHEDULING AND PROCEDURES IN PATENT INFRINGEMENT CASES

(A) Additional Items for Consideration by the Court and the Parties

In addition to the parties’ obligations under Fed. R. Civ. P. 26 (f) and LR 16.1, the parties in cases raising issues of patent infringement shall consider and address in their joint statement under L.R. 16.1 the following issues:

(1) The timing for disclosing initial infringement and invalidity positions;

(2) The process for identifying disputed claim terms, exchanging proposed claim constructions, and claim construction briefing;

(3) The timing of and procedure for the claim construction hearing, including:

(a) whether the Court will decide claim construction through live testimony at a hearing or based on the papers and attorney argument; and

(b) the timing of claim construction relative to summary judgment, expert discovery, and the close of fact discovery.

(4) The need for tutorials on the relevant technology, including:

(a) the form and scope of any such tutorials; and

(b) the timing for such tutorials.

(5) The identification of dispositive issues that may lead to an early resolution of the litigation.

(6) Whether the court should authorize the filing under seal of any documents that contain confidential information.

(7) Procedures for, and limits (if any) to be placed on, the preservation and discovery of electronically stored information, including:

(a) whether preservation and discovery of electronically stored information should be limited to that located on the parties’ active computer systems or extended to backup systems;

(b) the identification of key persons, if any, who should have their electronically stored information produced;

(c) whether production of electronically stored information should be limited to discrete time periods;

(d) whether costs of producing electronically stored information should be shifted, particularly costs of preserving and producing information stored on backup systems.

(B) Scheduling Order

The Scheduling Conference in cases raising issues of patent infringement should result in a special tailored Scheduling Order. A template for such a Scheduling Order is set forth as a default in the Appendix.