Rule 26f Report For Patent Cases (Page 5 of 8) in pdf

Rule 26f Report For Patent Cases Page 5

____________, the parties shall notify the Court as to whether they request

that the Court schedule a Claim Construction hearing to determine claim

interpretation. If any party believes there is no reason for a Claim

Construction hearing, the party shall provide the reason to the Court.

At the same time, the parties shall also complete and file with the Court a

joint claim construction statement that shall contain the following information:

(A)

The construction of those claim terms, phrases, or clauses on which

the parties agree;

(B)

Each party's proposed construction of each disputed claim term,

phrase, or clause together with an identification of all references from

the specification of prosecution history that support that construction,

and an identification of any extrinsic evidence known to the party on

which it intends to rely either in support of its proposed construction of

the claim or to oppose any other party's proposed construction of the

claim, including, but not limited, as permitted by law, dictionary

definitions, citation to learned treatises and prior art, and testimony of

percipient and expert witnesses;

(C)

Whether any party proposes to call one or more witnesses, including

experts at the Claim Construction hearing, the identity of each such

witness and for each expert, a summary of each opinion to be offered

in sufficient detail to permit a meaningful deposition of that expert.

(5)

If the Court schedules a Claim Construction hearing, prior to the date of the

Claim Construction hearing, the Court shall issue an Order discussing:

(A)

Whether it will receive extrinsic evidence, and if so, the particular

evidence it will receive;

(B)

Whether the extrinsic evidence in the form of testimony shall be the

affidavits already filed, or in the form of live testimony from the

affiants; and

(C)

A briefing schedule.

Discovery Relating to Validity/Prior Art

(g)

(1)

Within ____________ days of its receipt of Plaintiff's Claim Chart pursuant

to Discovery Plan paragraph (1) Defendant shall serve on Plaintiff a list of all

of the prior art on which it relies, and a complete and detailed explanation of

what it alleges the prior art shows and how that prior art invalidates the

claim(s) asserted by Plaintiff ("Defendant's Prior Art Statement").

Rule 26f Report For Patent Cases Page 5

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