Rule 26f Report For Patent Cases (Page 4 of 8) in pdf

Rule 26f Report For Patent Cases Page 4

(1)

Deadline For Plaintiff's Claim Chart: ____________.

Plaintiff's Claim Chart shall identify: (1) which claim(s) of its patent(s) it

alleges are being infringed; (2) which specific products or methods of

defendant's it alleges literally infringe each claim; and (3) where each

element of each claim listed in (1) is found in each product or method listed

in (2), including the basis for each contention that the element is present. If

there is a contention by Plaintiff that there is infringement of any claims under

the doctrine of equivalents, Plaintiff shall separately indicate this on its Claim

Chart and, in addition to the information required for literal infringement,

Plaintiff shall also explain each function, way, and result that it contends are

equivalent, and why it contends that any differences are not substantial.

(2)

Deadline For Defendant's Claim Chart: ____________.

Defendant's Claim Chart shall indicate with specificity which elements on

Plaintiff's Claim Chart it admits are present in its accused device or process,

and which it contends are absent. In the latter regard, Defendant will set forth

in detail the basis for its contention that the element is absent. As to the

doctrine of equivalents, Defendant shall indicate on its chart its contentions

concerning any differences in function, way, and result, and why any

differences are substantial.

(3)

On or before ____________, the parties shall simultaneously exchange a

list of claim terms, phrases, or clause that each party contends should be

construed by the Court. On or before __________, the parties shall meet

and confer for the purpose of finalizing a list, narrowing or resolving

differences, and facilitating the ultimate preparation of a joint claim

construction statement. During the meet and confer process, the parties

shall exchange their preliminary proposed construction of each claim term,

phrase or clause which the parties collectively have identified for claim

construction purposes.

At the same time the parties exchange their respective "preliminary claim

construction" they shall also provide a preliminary identification of extrinsic

evidence, including without limitation, dictionary definitions, citations to

learned treatises and prior art, and testimony of percipient and expert

witnesses that they contend support their respective claim constructions.

The parties shall identify each such items of extrinsic evidence by production

number or produce a copy of any such item not previously produced. With

respect to any such witness, percipient or expert, the parties shall also

provide a brief description of the substance of that witness' proposed

testimony.

(4)

Following the parties' meet and confer described above, and no later than

Rule 26f Report For Patent Cases Page 4