Court Rules
Judge

Judge Gregory B. Williams

Individual Rules, Standing Orders & Policies

Rules last changed:
District of Delaware

Limits & Logistics

Document Limits

Document
7,500 wds
In Limine Request
3 pgs
Reply Letter
2 pgs
Sur Reply Brief
2,500 wds
Answering Brief
7,500 wds
Reply Brief
5,000 wds

Courtesy Copies

Brief, Appendix, Exhibit, Declaration, Affidavit, Sealed Document

Courtesy copies

  • 1 copy • Email • Upon Filing
  • 2 copies

Discovery Letter

  • 2 copies

Exhibits

  • 2 copies • By 8:15 Am

Communication

Email

Chambers

gbw_civil@ded.uscourts.gov
Scheduling
Cases:
Filters:

Page & Word Limits36 rules

Page LimitsMandatoryCivil cases

Party seeking discovery relief limited to 3-page letter.

Letter
Up to 3 pages

Court's wording

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsMandatoryCivil cases

Motions to amend require 3-page letter instead of opening brief, with proposed amended pleading and blackline comparison.

Letter
Up to 3 pages
Applies to
  • Rule 15 leave motions

Court's wording

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Page LimitsMandatoryCivil cases

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Letter
Up to 5 pages
Applies to
  • Rule 15 leave motions
Page LimitsMandatoryCivil cases

application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Letter
Up to 3 pages
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 6
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Page LimitsMandatoryCivil cases

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Opposition letter
Up to 5 pages
Page LimitsMandatoryCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Reply letter
Up to 2 pages
Page LimitsMandatoryCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

Reply letter
Up to 2 pages
Page LimitsMandatoryCivil cases

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

sur-reply brief
Up to 2,500 words
Page LimitsMandatoryCivil cases

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on .

Answering brief
Up to 7,500 words
Page LimitsMandatoryCivil cases

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on .

Reply brief
Up to 5,000 words
Page LimitsMandatoryCivil cases

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words, on .

Opening brief
Up to 5,000 words
Page LimitsMandatoryCivil cases

maximum of one (l) additional page in reply in support of its request.

Page limit
Up to 1 page
Page LimitsMandatoryCivil cases

Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words

sur-reply
Up to 2,500 words
Page LimitsMandatoryCivil cases

Each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three

In limine request
Up to 3 pages
Applies to
  • In limine motions
Page LimitsMandatoryCivil cases

Plaintiff shall serve, but not file, its opening brief, not to exceed 5,000 words

Opening brief
Up to 5,000 words
Page LimitsMandatoryCivil cases

Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words

Reply
Up to 5,000 words
Page LimitsMandatoryCivil cases

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages, and the moving party may file a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Page limit
Up to 3 pages per side
Applies to
  • Motion in limine
Page LimitsMandatoryCivil cases

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words

Word limit
Up to 7,500 words
Page LimitsMandatoryCivil cases

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.

In limine request
Up to 3 pages per side
Applies to
  • In limine motions
Page LimitsMandatoryCivil cases

Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions.

Page LimitsMandatoryCivil cases

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages

Reply letter
Up to 2 pages
Applies to
  • Motion to amend
Page LimitsMandatoryCivil cases

Any motion to amend... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Motion to amend letter
Up to 3 pages
Applies to
  • Motion to amend
Page LimitsMandatoryCivil cases

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Opposition letter
Up to 5 pages
Applies to
  • Motion to amend
Page LimitsMandatoryCivil cases

Any motion to strike... shall, instead, be accompanied by a letter, not to exceed three (3) pages

Motion to strike letter
Up to 3 pages
Applies to
  • Motion to strike
Page LimitsMandatoryCivil cases

Word limits for claim construction briefs: opening/reply 5,000 words, answering 7,500 words, sur-reply 2,500 words.

Opening brief
Up to 5,000 words
Answering brief
Up to 7,500 words
Reply brief
Up to 5,000 words
sur-reply brief
Up to 2,500 words
Applies to
  • Claim construction brief

Court's wording

opening brief, not to exceed 5,000 words, on . Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SectionClaim Construction Issue Identification
Page LimitsMandatoryCivil cases

opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.

Case dispositive motion
Up to 40 pages in total
Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 13
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

Opposing party may include separate concise statement limited to 4 pages.

Opposition
Up to 4 pages

Court's wording

The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 13
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.

Reply
Up to 4 pages
Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 13
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

Opposing party's response to concise statement limited to 6 pages.

Opposition
Up to 6 pages

Court's wording

Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 13
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

Daubert motions increase page limits to 50 pages for opening/answering briefs, 25 pages for reply briefs per side.

Court's wording

In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 13
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

Total briefing limit of 250 pages for all case dispositive and Daubert motions across related cases.

Case dispositive motion
Up to 250 pages in total

Court's wording

The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 14
|SectionSummary Judgment Motion Procedures
Page LimitsMandatoryCivil cases

Post-trial briefs limited to 20 pages (opening/answering) and 10 pages (reply).

Opening brief
Up to 20 pages
Answering brief
Up to 20 pages
Reply brief
Up to 10 pages
Applies to
  • Post-trial brief

Court's wording

Unless otherwise ordered by the Court, all SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed.

Page LimitsMandatoryCivil cases

In limine requests limited to 3 per side, with 3-page support, 3-page opposition, and 1-page reply.

In limine request
Up to 3 pages per side
Applies to
  • In limine motions

Court's wording

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Page LimitsImportantCivil cases

A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side.

Document Format Requirements3 rules

FormattingMandatoryCivil cases

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

File type
Word
Applies to
  • Joint claim construction chart

Formatting

  • Must be emailed to gbw civil@ded.uscourts.gov
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SectionClaim Construction Issue Identification
FormattingMandatoryCivil cases

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

File type
Word
Applies to
  • Joint claim construction chart

Formatting

  • Must be emailed to gbw civil@ded.uscourts.gov simultaneously with filing
Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 9
|SectionClaim Construction Issue Identification
FormattingImportantCivil cases

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

File type
Word
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SectionClaim Construction Issue Identification

Document Filing Requirements38 rules

Filing RequirementsMandatoryCivil cases

Initial disclosures required within 5 days of order entry.

Court's wording

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court.

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 1
|SectionRule 26(a)(l) Initial Disclosures
Filing RequirementsMandatoryCivil cases

All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before .

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 2
|SectionJoinder of Other Parties and Amendment of Pleadings
Filing RequirementsMandatoryCivil cases

Motions to amend must include proposed amended pleading and blackline comparison; opening brief not permitted.

Court's wording

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Filing RequirementsMandatoryCivil cases

Joint technology tutorial limited to 30 minutes, due with Joint Claim Construction Chart.

Court's wording

Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes.

Filing RequirementsMandatoryCivil cases

Motions to strike must attach the document to be stricken.

Court's wording

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Filing RequirementsMandatoryCivil cases

the parties shall file a letter requesting a teleconference to address the motion to strike.

Filing RequirementsMandatoryCivil cases

A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart.

Document
Joint claim construction chart

Must include

  • Patents in issue
  • Intrinsic record portions
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SectionClaim Construction Issue Identification
Filing RequirementsMandatoryCivil cases

The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.

Document
Joint claim construction chart

Should include

  • Proposed constructions
  • Citations only intrinsic evidence
Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 8
|SectionClaim Construction Issue Identification
Filing RequirementsMandatoryCivil cases

No later than , the parties shall file a Joint Claim Construction Brief.

Filing RequirementsMandatoryCivil cases

Any proposed protective order must include a specific "Other Proceedings" paragraph regarding disclosure of confidential information in other cases.

Court's wording

Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 13
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsMandatoryCivil cases

Parties must file a Joint Claim Construction Brief by combining their unfiled briefs into one document with positions in sequential order.

Court's wording

No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Filing RequirementsMandatoryCivil cases

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Document
Pretrial order

Must include

  • Table of contents
Filing RequirementsMandatoryCivil cases

Joint proposed final pretrial order due 7 days before pretrial conference.

Document
Pretrial order

Must include

  • Joint proposed final

Court's wording

The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference.

Filing RequirementsMandatoryCivil cases

Parties must submit joint letter by answering brief due date requesting testimony leave and time allocation for claim construction hearing.

Court's wording

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Filing RequirementsMandatoryCivil cases

Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.

Document
Motion

Must include

  • Local rule certificate
Filing RequirementsMandatoryCivil cases

Initial disclosures under Rule 26(a)(1) must be made within 5 days of order entry.

Court's wording

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 1
|SectionRule 26(a)(1) Initial Disclosures
Filing RequirementsMandatoryCivil cases

Plaintiff must identify accused products, damages model, asserted patents, and produce file histories by specified deadline.

Court's wording

(a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent.

Filing RequirementsMandatoryCivil cases

Defendant must produce core technical documents and sales figures for accused products by specified deadline.

Court's wording

(b) By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).

Filing RequirementsMandatoryCivil cases

(c) By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.

Filing RequirementsMandatoryCivil cases

Motion to amend requires 3-page letter instead of brief.

Document
Motion to amend

Must include

  • Blackline comparison
  • Proposed amended pleading

Court's wording

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Filing RequirementsMandatoryCivil cases

Motion to strike requires 3-page letter instead of brief.

Document
Motion to strike

Must include

  • Document to be stricken

Court's wording

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Filing RequirementsMandatoryCivil cases

Joint technology tutorial limited to 30 minutes.

Court's wording

the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue... an electronic tutorial of not more than thirty (30) minutes

Filing RequirementsMandatoryCivil cases

Parties must file a Joint Claim Construction Brief combining their unfiled briefs.

Court's wording

No later than , the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SectionClaim Construction Issue Identification
Filing RequirementsMandatoryCivil cases

Claim construction briefs must be served but not filed with the court.

Document
Claim construction brief

Must include

  • Serve, but not file

Court's wording

Defendant shall serve, but not file, its answering brief not to exceed 7,500 words, on . Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on . Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on .

Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial · p. 10
|SectionClaim Construction Issue Identification
Filing RequirementsMandatoryCivil cases

Summary judgment motions require 6-page concise statement of essential facts.

Court's wording

Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.

Filing RequirementsMandatoryCivil cases

Briefing will be presented pursuant to the Court's Local Rules.

Filing RequirementsImportantCivil cases

[provide here a non-argumentative list of disputes requiring judicial attention]

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsImportantCivil cases

The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s):

Rule 16 Scheduling Order - Patent ANDA Bench Trial · p. 5
|SectionDiscovery Matters and Disputes Relating to Protective Orders
Filing RequirementsImportantCivil cases

On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

Filing RequirementsImportantCivil cases

The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.

Document
Pretrial order

Must include

  • Table of contents
Filing RequirementsImportantCivil cases

If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix.

Filing RequirementsImportantCriminal cases

Responses to suppression motions must include the government's position on whether an evidentiary hearing is needed and the reasons for that position.

Court's wording

Whenever the response of the United States is to a “suppression motion,” the response shall include the position of the United States as to whether an evidentiary hearing is required, including, if appropriate, the reasons for the position of the United States.

Filing RequirementsNoteCivil cases

The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.

Filing & Service rules

Filing Timing and Cure Windows

The United States must file a response to a defendant's pretrial motion within 21 calendar days unless a case-specific order sets a different timetable.

Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant’s motion was filed;

Criminal cases

Page 1 | 1

Courtesy Copy Requirements

Two courtesy copies required for discovery letters

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Two courtesy copies required for discovery letters and attachments.

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Courtesy copies required for briefs, appendices, exhibits, declarations, affidavits, and sealed papers; appendices/exhibits must have hard tabs.

courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal.

Civil cases

Page 14 | courtesy copies of filings

Two courtesy copies of joint proposed final pretrial order required.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Two courtesy copies of the joint proposed final pretrial order and attachments must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Two courtesy copies of objections and exhibits must be provided by 8:15 a.m. and left on the courtroom podium.

By 8:15 a.m., the parties shall provide the Court with two (2) courtesy copies of the objections and relevant exhibits and deposition designations. The parties shall leave the courtesy copies on the podium in the courtroom.

Civil cases

Page 1 | Dispute Resolutions / Objections

Two courtesy copies of witness binders must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of any witness binders.

Civil cases

Page 2 | Witness Binders

Two courtesy copies of trial demonstratives must be provided to the Court.

The parties shall provide the Court two (2) courtesy copies of any demonstratives used at trial.

Civil cases

Page 2 | Demonstratives

Two courtesy copies required for discovery letters.

Each party shall submit two (2) courtesy copies of its discovery letter and any attachments.

Civil cases

Page 7 | discovery letter

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to gbw_civil@ded.uscourts.gov.

Civil cases

Page 17 | Jury Instructions

Two courtesy copies required for joint proposed final pretrial order.

The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments.

Civil cases

Page 17 | Pretrial Order

The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal.

The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal.

Civil cases

Sealing & Redaction Procedures

Redacted version of sealed documents must be filed electronically within 7 days.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 13 | Papers Filed Under Seal

Redacted versions of sealed documents must be filed electronically within 7 days of filing the sealed document.

In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 13 | Papers Filed Under Seal

Technology tutorials may be filed under seal.

The parties may choose to file their tutorial under seal, subject to any protective order in effect.

Civil cases

Page 7 | Technology Tutorials

Filing Bundling Requirements

In limine motions must be included in pretrial order.

Motions in limine shall not be separately filed.

Civil cases

Motions in limine must be included in proposed pretrial order with page limits and combined submissions.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Pre-Motion Conference Requirements

Daubert objections to expert testimony must be filed by motion within 14 days after the close of expert discovery.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court's Local Rules.

Civil cases

Page 4 | Disclosure of Expert Testimony

Seeking party must file 3-page letter 48 hours before discovery conference

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Civil cases

Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Joint letter required for discovery disputes after meet-and-confer

the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:

Civil cases

Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Opposition to motions to amend must file 5-page response within 7 days

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.

Civil cases

Page 6 | Motions to Amend

Motions to amend require 3-page letter with proposed pleading and blackline

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Civil cases

Page 6 | Motions to Amend

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Motions to strike must be accompanied by a 3-page letter, not an opening brief.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Civil cases

Page 7 | Motions to Strike

Motions to strike must be accompanied by a letter (max 3 pages) instead of an opening brief, and must attach the document to be stricken.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Civil cases

Page 7 | Motions to Strike

Case dispositive motions in ANDA cases require party agreement and prior Court approval.

Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases.

Civil cases

Motions to join parties or amend pleadings must follow procedures in Paragraphs 4(g) and 5.

Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 4(g) and 5.

Civil cases

Page 2 | Motions to Join Parties and to Amend

Discovery motions must follow meet-and-confer procedures or be denied.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

Party seeking discovery relief must file 3-page letter at least 48 hours before conference.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the

On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 12 | Case Dispositive Motions

Adjournment & Extension Requirements

The United States may request an extension or alteration of the response deadline for good cause.

For good cause shown, the United States may request an alteration to the presumptive schedule;

Criminal cases

Page 1 | 2

Chambers Communication Rules

Interim status report required by joint letter on specified date

On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date.

Civil cases

Page 10 | Interim Status Report

Parties must notify court by joint letter about testimony request and time allocation for claim construction hearing

The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.

Civil cases

Page 10 | Hearing on Claim Construction

Objections to evidence must be emailed to chambers by 6:00 a.m. on the trial day.

Delaware counsel, on behalf of the parties, shall notify the Court by email (gbw_civil@ded.uscourts.gov) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day.

Civil cases

Page 1 | Dispute Resolutions / Objections

Parties must email glossary, witness list, and pronunciation guide to court reporter and chambers at least 3 business days before trial.

At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys' and witnesses' names.

Civil cases

Page 3 | Court Reporter

Parties must email revised proposed jury instructions and verdict sheet to chambers before the charge conference.

Prior to the charge conference, the parties shall file and email chambers (gbw_civil@ded.uscourts.gov) revised versions of their proposed final jury instructions and verdict sheet.

Civil cases

Page 3 | Charge Conference

Joint Claim Construction Chart must be in Word format and emailed to gbw_civil@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.

Civil cases

Page 8 | Claim Construction Issue Identification

Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).

Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox (gbw_civil@ded.uscourts.gov).

Civil cases

Page 1 | Communications to Chambers

About United States District Judge Gregory B. Williams

District Judge Gregory B. Williams was appointed to the District of Delaware by President Joseph Biden in 2022. He was nominated on April 25, 2022, confirmed by the Senate on July 20, 2022, received his commission on September 1, 2022, and assumed his judicial role on September 2, 2022. He filled the seat vacated by Leonard P. Stark.

Prior to his appointment, Judge Williams engaged in private legal practice in Wilmington, Delaware and Philadelphia, Pennsylvania from 1995 through 2022.

Education

  • Villanova University School of Law, J.D., 1995
  • Millersville University, B.S. and B.A., 1990

Career

  • Private practice, Wilmington, DE and Philadelphia, PA (1995–2022)

Courthouse: J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 Chambers: Room 6124, Unit 26 Courtroom: 6B Phone: (302) 573-4571

Note: Delaware is a major patent and corporate litigation court. The District of Delaware handles a disproportionately large share of the nation's patent cases and corporate disputes given Delaware's role as the leading state for corporate incorporation.

Common questions about Judge Gregory B. Williams's rules

Are courtesy copies required for Judge Gregory B. Williams?

Courtesy-copy rule applies for letters. Details: 2 copies. Two courtesy copies required for discovery letters and attachments.

View ruleSource: page 6, section Discovery Matters and Disputes Relating to Protective Orders

Does Judge Gregory B. Williams require a pre-motion conference or letter before filing a motion?

Details: 5 pages, response due in 7 days. Opposition to motions to amend must file 5-page response within 7 days

View ruleSource: page 6, section Motions to Amend

What page or word limits apply before Judge Gregory B. Williams?

Judge Gregory B. Williams' rule states these limits: 7500 words. Defendant's answering claim construction brief limited to 7,500 words.

What page or word limits apply to in limine request before Judge Gregory B. Williams?

Judge Gregory B. Williams' rule states these limits: 3 pages. Each side limited to 3 in limine requests.

What formatting rules apply to filings before Judge Gregory B. Williams?

Judge Gregory B. Williams' formatting rule includes file format docx and must be emailed to gbw civil@ded.uscourts.gov. Joint Claim Construction Chart must be in Word format and emailed to specified address.

View ruleSource: page 8, section Claim Construction Issue Identification

What must be included with joint claim construction brief filings before Judge Gregory B. Williams?

The rule requires caption. Joint Claim Construction Brief must be filed by specified deadline

View ruleSource: page 9, section Claim Construction Briefing

What must be included with initial disclosure filings before Judge Gregory B. Williams?

Initial disclosures required within 5 days of order entry.

View ruleSource: page 1, section Rule 26(a)(l) Initial Disclosures

How may parties contact Judge Gregory B. Williams' chambers?

Interim status report required by joint letter on specified date

View ruleSource: page 10, section Interim Status Report

How does Judge Gregory B. Williams handle sealed or redacted filings?

Process: file redacted on ecf. Redacted version of sealed documents must be filed electronically within 7 days.

View ruleSource: page 13, section Papers Filed Under Seal

How do I request an adjournment or extension before Judge Gregory B. Williams?

The United States may request an extension or alteration of the response deadline for good cause.

View ruleSource: page 1, section 2

Does Judge Gregory B. Williams require motion papers to be bundled?

In limine motions must be included in pretrial order.

What filing deadlines does Judge Gregory B. Williams set?

The United States must file a response to a defendant's pretrial motion within 21 calendar days unless a case-specific order sets a different timetable.

View ruleSource: page 1, section 1
Complete rules summary for Judge Gregory B. Williams

Joint Claim Construction Brief must be filed by specified deadline

Opposition to motions to amend must file 5-page response within 7 days

Two courtesy copies required for discovery letters and attachments.

Defendant's answering claim construction brief limited to 7,500 words.

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Joint letter required for discovery disputes after meet-and-confer

Initial disclosures required within 5 days of order entry.

Two courtesy copies required for discovery letters

Technology tutorials may be filed under seal.

Pretrial order must have table of contents and numbered paragraphs.

Each side limited to 3 in limine requests.

Motions to amend require 3-page letter with proposed pleading and blackline

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

Patents and relied-upon intrinsic record portions must accompany Joint Claim Construction Chart.

Joint technology tutorial limited to 30 minutes, due with Joint Claim Construction Chart.

The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument.

Joint Claim Construction Chart must be in Word format and emailed to specified address.

Materials for index must be submitted in Joint Appendix

Defendant's sur-reply brief limited to 2,500 words (served but not filed)

Defendant's answering brief limited to 7,500 words (served but not filed)

Plaintiff's reply brief limited to 5,000 words (served but not filed)

Plaintiff's opening brief limited to 5,000 words (served but not filed)

In limine reply limited to 1 page.

Provided that the parties comply with all portions of this Scheduling Order, and any other orders of the Court, the parties should anticipate that the Court will issue its claim construction order within sixty (60) days of the conclusion of the claim construction hearing.

In limine requests limited to 3 pages of argument.

Two courtesy copies of joint proposed final pretrial order required.

Redacted version of sealed documents must be filed electronically within 7 days.

Joint proposed final pretrial order due 7 days before pretrial conference.

Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages, and the moving party may file a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Daubert objections to expert testimony must be filed by motion within 14 days after the close of expert discovery.

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