Rule 26(F) Report And Proposed Scheduling Order - United States District Court Page 7
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10(A) Identification of experts.
(i) Each party must identify to the opposing party the experts who will provide
a report concerning the issues on which that party has the burden of
persuasion no later than 15 days after the Court issues the claim
construction order;
(ii) If the Court states that it will not issue a claim construction order, the
parties must identify experts who will provide a report concerning the
issues on which that party has the burden of persuasion by the close of
fact discovery; or
(iii) Alternate recommended date: ____________.
(B) Initial expert reports. Initial expert reports must be prepared in accordance
with Fed. R. Civ. P. 26(a)(2)(B) and address the issues on which that party
has the burden of persuasion.
(i) The parties must exchange their initial expert reports no later than 30 days
after the Court issues the claim construction order;
(ii) If the Court states that it will not issue a claim construction order, the
parties must exchange their initial expert reports no later than 30 days
after the close of fact discovery; or
(iii) Alternate recommended date: ____________.
(C) Rebuttal expert reports.
Rebuttal expert reports must be prepared in
accordance with Fed. R. Civ. P. 26(a)(2)(B).
(i) Rebuttal expert reports must be exchanged no later than within 30 days
after the initial expert reports are exchanged; or
(ii) Alternate recommended date: ____________.
(D) All expert discovery must be completed by __________________.
(h)
Other Discovery Issues.
(1) Decision on Waiver and Discovery of Privileged Documents. Defendant may
postpone the waiver of any applicable attorney-client privilege on topics
relevant to claims of willful infringement, if any, until ____________, provided
that all relevant privileged documents are produced no later than
____________. All additional discovery regarding the waiver will take place
after ____________ and must be completed by ____________.
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