Rule 26(F) Report And Proposed Scheduling Order - United States District Court Page 2
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10(1) Discovery is permitted with respect to claims of willful infringement and defenses
of patent invalidity or unenforceability not pleaded by a party, where the evidence
needed to support these claims or defenses is in whole or in part in the hands of
another party.
(2) Once a party has given the necessary discovery, the opposing party may seek
leave of Court to add claims or defenses for which it alleges, consistent with Fed.
R. Civ. P. 11, that it has support, and such support must be explained in the
motion seeking leave. Leave must be liberally given where prima facie support is
present, provided that the party seeks leave as soon as reasonably possible
following the opposing party providing the necessary discovery.
(d) Fact Discovery.
The parties recommend that the Court establish the following fact discovery
deadlines and limitations:
(1) The parties must make their initial disclosures under Fed. R. Civ. P. 26(a)(1) on
or before ____________.
(2)The parties must commence fact discovery procedures in time to be completed by
____________.
(3) The parties propose that the Court limit the use and numbers of discovery
procedures as follows:
(A) ____________ interrogatories;
(B) ____________ document requests;
(C) ____________ factual depositions;
(D) ____________ requests for admissions; and
(E) ____________ other.
(e) Discovery Relating to Claim Construction Hearing.
(1) Plaintiff’s Claim Chart.
(A) Plaintiff’s claim chart must be served on or before ____________.
(B) Plaintiff's claim chart must provide a complete and detailed explanation of:
(i) which claim(s) of its patent(s) it alleges are being infringed;
(ii) which specific products or methods of defendant's it alleges literally
infringe each claim;
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