District of Delaware Document Filing Requirements

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

Source text: Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.

Patent infringement parties must serve Disclosure of Asserted Claims within 30 days of scheduling order.

Source text: Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

Pinpoint citations required in all briefing, letters, and concise statements of facts

Source text: Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint

Each brief must include certification of compliance with word limits and formatting.

Source text: Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Declarations cannot contain legal arguments or circumvent briefing word limits.

Source text: Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Joint Claim Construction Brief and Joint Appendix must comply with paragraphs 10 and 14.

Source text: The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 10 and 14 of this Order.

Letter required with Amended Joint Claim Construction Chart detailing meet and confer details.

Source text: The parties shall file with the Amended Joint Claim Construction Chart a letter that sets forth the date on which the meet and confer occurred, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Joint letter required for testimony approval at claim construction hearing, due with answering briefs.

Source text: Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours.

Expert disclosure deadlines: initial, supplemental, and reply reports with specific timing requirements.

Source text: For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _. Reply expert reports from the party with the initial burden of proof are due on or before _ _ _ _ _ _ _. No other expert reports will be permitted without

Affidavits, declarations, and exhibits must be attached only to concise statements, not briefs.

Source text: Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).

Summary judgment motions require separate concise statements of material facts; opposition must admit/dispute facts.

Source text: Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). A party must submit a separate concise statement of facts for each summary judgment motion. Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

Jury-related documents due 21 days before pretrial conference

Source text: Where a case is to be tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].

Parties must number summary judgment motions in the order they want the Court to consider them.

Source text: each motion to make clear the order the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.

Letter seeking relief on discovery disputes must include averment of counsel and draft order as attachments.

Source text: The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.

Concurrent motion required with discovery dispute letter, limited to one paragraph.

Source text: The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.

Each claim construction brief must include a certification of compliance with type and word count limitations.

Source text: Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary judgment motions must include a separate concise statement of facts; opponents must respond with their own concise statement admitting/disputing facts.

Source text: (f) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case). A party must submit a separate concise statement of facts for each summary judgment motion. Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.

Affidavits, declarations, and exhibits must be attached only to the concise statement, not to briefs.

Source text: Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached only to the concise statement (i.e., not briefs).

Non-dispositive motions must include the Local Rule 7.1.1 statement.

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

Motions in limine must be included in the proposed pretrial order and not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Case compendiums must not be filed electronically; only a notice of service of compendium must be filed electronically.

Source text: Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court.

Attorneys seeking pro hac vice admission before this judge must file the appropriate Exhibit A-1 or A-2 certification.

Source text: any attorney seeking admission pro hac vice in a case assigned to the undersigned judge shall complete and file with the Court either the Certification attached hereto as Exhibit A-1 or the Certification attached hereto as Exhibit A-2 as appropriate.

Pro hac vice certification for lawyers not in professional corporations must include required eligibility, fee, and compliance statements.

Source text: I certify that I do not practice law with or in the form of a professional corporation or association authorized to practice law for profit. I certify that I am eligible for admission to this Court; that I am admitted, practicing, and in good standing as a member of the Bar of ; and that pursuant to District of Delaware Local Rule 83.6 I submit to the disciplinary jurisdiction of this Court for any alleged misconduct that occurs in the preparation or course of this action. I also certify that I am generally familiar with this Court's Local Rules. In accordance with the Standing Order on Attorney Registration and Pro Hac Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's Office upon the filing of this motion. I further certify that: I. With the exception of the circumstances listed in Rule 5.4(a)(1)-(4) of the Model Rules of Professional Conduct of the American Bar Association, neither I nor my law firm shares or will share legal fees with a nonlawyer;

Citations to intrinsic evidence must be in Joint Claim Construction Brief.

Source text: Citations to intrinsic evidence shall be set forth in the Joint Claim Construction Brief.

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

Source text: Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.

Invalidity contentions must be served within 30 days of the scheduling order.

Source text: later than 30 days after the date of this Order, a party alleging that a claim of a patent is invalid or not enforceable shall serve on all parties its 'Invalidity Contentions,' which shall contain the following information:

Pinpoint citations required in all briefing, letters, and concise statements of facts.

Source text: Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Materials for appendix must be submitted in Joint Appendix.

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

Letter (max 3 pages) required 72 hours before discovery dispute conference.

Source text: Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.

Joint Claim Construction Chart must be emailed in Word format to cfc civil@ded.uscourts.gov upon filing.

Source text: The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.

Each claim construction brief must include a certification of compliance with word limits.

Source text: Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Joint Claim Construction Brief must be filed four weeks before the claim construction hearing.

Source text: No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.

Joint Claim Construction Brief must combine both parties' positions in sequential order.

Source text: The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Declarations cannot contain legal argument or circumvent word limits.

Source text: Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.

Meet and confer letter must identify participants, method, and duration.

Source text: The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

30 minutes per side for claim construction argument, joint letter needed for more time.

Source text: Beginning at _ _ __ .m. on _ _ _ _ _ _ _ _ the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due), the parties shall be limited to thirty (30) minutes each for argument.

Summary judgment motions must include a separate concise statement of material facts with no genuine issues.

Source text: Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case).

Parties must file jury instructions and verdict forms 21 days before pretrial conference in Word format to specified email.

Source text: the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5 :00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.

Pinpoint citations are required in all briefing, letters, and concise statements of facts; unsupported assertions will be ignored.

Source text: Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.

Text-searchable PDF of each patent must accompany the Joint Claim Construction Chart.

Source text: A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.

Motion for Claim Construction must be filed concurrently with the Joint Claim Construction Chart.

Source text: Each party shall file concurrently with the Joint Claim Construction Chart a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart.

Each claim construction brief must include a certification of compliance with word count limits.

Source text: Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.

Summary judgment motions must include a separate concise statement of material facts with no genuine issues.

Source text: (t) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court's determination of the summary judgment motion (not the entire case).

Non-dispositive motions must include the statement required by Local Rule 7.1.1.

Source text: Any non-dispositive motion should contain the statement required by Local Rule 7 .1.1.

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

Source text: 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.

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

Source text: (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.

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

Source text: (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).

Plaintiff must produce an initial claim chart relating accused products to asserted claims by specified deadline.

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

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

Source text: 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.

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

Source text: 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.

Joint technology tutorial limited to 30 minutes.

Source text: 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

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

Source text: 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 .

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

Source text: 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.

Case dispositive motions must follow local rules for briefing.

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

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

Source text: 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.

Initial disclosures required within 5 days of order entry.

Source text: 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.

Motions to join parties or amend pleadings must be filed by specified deadline.

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

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

Source text: 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.

Joint Claim Construction Chart must identify disputed terms and cite only intrinsic evidence.

Source text: 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.

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

Source text: 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.

Joint Claim Construction Brief must be filed by specified deadline

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

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

Source text: 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.

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

Source text: 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.

Motions to strike must attach the document to be stricken.

Source text: 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.

Parties must file a letter requesting a teleconference to address the motion to strike.

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

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

Source text: 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.

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

Source text: 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.

The proposed final pretrial order must include a table of contents and numbered paragraphs.

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

Non-dispositive motions must include the statement required by Local Rule 7.1.1.

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

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

Source text: 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.

Any submission using a word-count limit must include a certification of total word count.

Source text: To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Mixed dispositive/non-dispositive motions must include a Local Rule 7.1.1 Statement for the non-dispositive portions.

Source text: In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

Each Local Rule 7.1.1 Statement must specify whether the opposing party consents or opposes the motion.

Source text: All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion.

Any amended pleading must be accompanied by a redlined version regardless of how the amendment is made.

Source text: A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion.

If not amended as a matter of course, the redlined version must be attached to the stipulation or motion.

Source text: Otherwise, the redlined version shall be attached to the stipulation or motion.

Each party must provide a completed AO Form 187 exhibit list to the Courtroom Deputy on the first day of trial.

Source text: On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

Trial exhibits must be pre-marked with PTX/DTX/JTX prefix, numbered from 1, and include the civil action number.

Source text: All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number.

For unresolved deposition objections, the offering party must submit highlighted deposition excerpts and a cover letter at least two calendar days before the witness is called.

Source text: Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Parties must provide two transcript copies to the Court and one additional copy to the court reporter for deposition designations/counter-designations.

Source text: shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Each party must file proposed findings of fact with the initial brief in numbered paragraphs with record citations.

Source text: Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Post-trial briefing may rely only on admitted trial exhibits.

Source text: Only admitted trial exhibits may be relied upon in post-trial briefing.

Appendices are prohibited in post-trial briefs.

Source text: No appendices shall be submitted with post-trial briefs.

Post-trial submissions must refer to trial exhibits by exhibit number using PTX-, DTX-, or JTX- notation.

Source text: Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Admitted exhibits not specifically addressed in post-trial submissions are deemed stricken from the record.

Source text: Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

If hyperlinked briefs are not submitted, trial exhibits must be submitted within one week after filing of the last post-trial brief.

Source text: In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:

A U.S. response to a suppression motion must state whether an evidentiary hearing is required and explain that position when appropriate.

Source text: 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 and include the reasons for that position of the United States, if appropriate.

No appendices allowed with post-trial briefs.

Source text: No appendices shall be submitted with post-trial briefs.

US response to suppression motions must state position on evidentiary hearing.

Source text: 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 and include the reasons for that position of the United States, if appropriate.

LR 7.1.1 Statement required for non-dispositive portions of mixed dispositive/non-dispositive motions.

Source text: In instances where a motion is filed seeking relief that is both dispositive and non-dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion.

Redlined version of amended pleadings must be provided to Court.

Source text: A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court's judicial administrator, Diana Welham, at diana_welham@ded.uscourts.gov. Otherwise, the redlined version shall be attached to the stipulation or motion.

Completed AO Form 187 exhibit list required on first day of trial.

Source text: On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy.

No advance copies of exhibits accepted; 4 copies required for witness notebooks (witness, judge, law clerk, court reporter).

Source text: The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. Witness 2. Judge 3. Law Clerk 4. Court Reporter

Two copies of transcript of designations/counter-designations for Court, plus one copy for court reporter.

Source text: shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played. An additional copy shall be provided to the court reporter.

Evidentiary disputes must be raised before witness testimony, exhibit offer, or demonstrative use; failure may result in denial without hearing.

Source text: Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing.

Pretrial order contains maximum deposition designations, counter-designations, and objections; no supplementation without approval or court leave.

Source text: The pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.

Unresolved deposition objections must be submitted 2 calendar days before witness testimony with highlighted deposition and cover letter.

Source text: If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it.

Non-compliance with deposition procedures results in waiver of deposition testimony or objection.

Source text: Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.

Irrelevant and redundant material, including counsel colloquy and objections, must be eliminated when deposition is read/viewed at trial.

Source text: All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.

Witness examination limited to direct, cross, and redirect examination only.

Source text: Examination of witnesses shall be limited to direct, cross and redirect.

Post-trial briefing must conform to D. Del. LR 7.1.3 unless court orders otherwise.

Source text: Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.

Proposed Findings of Fact required with initial brief, separately stated in numbered paragraphs with record citations.

Source text: Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record.

Page limits for proposed Findings of Fact must be proposed in pretrial order.

Source text: The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.

Only admitted trial exhibits may be relied upon in post-trial briefing.

Source text: Only admitted trial exhibits may be relied upon in post-trial briefing.

Trial exhibits must be referred to by exhibit number with PTX-, DTX-, or JTX- prefix.

Source text: Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-)

Unaddressed admitted trial exhibits in post-trial submissions are deemed stricken from record.

Source text: Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record.

Moving party must clearly state relief sought in letter brief.

Source text: The moving party should, in its letter brief, clearly state the relief it is seeking as to each dispute.

Moving party must attach proposed order with relief details.

Source text: The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.

Witnesses not listed in pretrial order are precluded from testifying unless good cause shown.

Source text: Any witness not listed will be precluded from testifying, absent good cause shown.

Expert witness subject matter must be specified and cannot be deviated from without approval.

Source text: [For any expert witness, the Plaintiff shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Plaintiff should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]

Defendant expert witness subject matter must be specified and cannot be deviated from without approval.

Source text: [For any expert witness, the Defendant shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Defendant should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]

All attorneys must meet highest professional standards and be fully prepared.

Source text: All attorneys, including newer attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.

Counsel must confer on deposition designations and objections before pretrial conference; no supplementation without approval.

Source text: [Counsel should confer prior to the pretrial conference to determine which testimony will be offered by deposition (including video tape depositions), to agree on the designation of those portions of the depositions to be offered into evidence, and to identify objections.] This pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.

Party calling witness by deposition must submit highlighted deposition and cover letter identifying objections no later than 2 calendar days before trial.

Source text: If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) a copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no

Two copies of deposition transcript designations must be provided to Court when witness testifies.

Source text: When the witness is called to testify by deposition at trial, the party calling the witness shall provide the Court with two copies of the transcript of the designations and counter-designations that will be read or played.

Exhibits for direct examination must be provided by 6:00 p.m. day before; objections by 8:00 p.m. night before.

Source text: A party will provide exhibits to be used in connection with direct examination by 6:00 p.m. the day before their intended use, and objections will be provided no later than 8:00 p.m. the night before their intended use.

Failure to comply with deposition procedures results in waiver of testimony or objections.

Source text: Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony.

Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before, with objections due by noon the day before.

Source text: The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 p.m (noon) on the day before opening statements.

Direct examination demonstratives must be provided by 6:00 p.m. the night before, with objections due by 8:00 p.m.

Source text: A party will provide demonstrative exhibits to be used in connection with direct examination by 6:00p.m. the night before their intended use, and objections will be provided no later than 8:00p.m. the night before their intended use.

Unresolved objections to demonstratives must be brought to Court's attention before opening statements or witness testimony.

Source text: If good faith efforts to resolve objections to demonstrative exhibits fail, the objecting party shall bring its objections to the Court's attention prior to the opening statements or prior to the applicable witness being called to the witness stand.

Failure to follow demonstrative procedures results in waiver of use or objection.

Source text: Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of an exhibit or waiver of objection to the exhibit.

Motions in limine must be included in the proposed pretrial order, not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Proposed order and discovery exhibits required with letter brief

Source text: The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.

Sworn declarations required for disputed factual issues

Source text: To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.

Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.

Source text: Any motion 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) single-spaced 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.

Parties must file Joint Claim Construction Brief by specified date.

Source text: No later than _____________, the parties shall file a Joint Claim Construction Brief.

Motions to strike must be accompanied by a 3-page single-spaced letter and the document to be stricken.

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

Motions to stay must be accompanied by a letter (max 3 single-spaced pages) instead of an opening brief.

Source text: Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.

Joint Claim Construction Chart must be emailed to Samantha_Miller@ded.uscourts.gov in Word format.

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

Joint Claim Construction Brief must combine unfiled briefs with positions on each claim term in sequential order.

Source text: 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:

Joint Claim Construction Chart must identify disputed terms and include proposed constructions with intrinsic evidence citations only.

Source text: 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.

Joint Claim Construction Chart must include copies of patents and relied-upon intrinsic record portions.

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

Joint Claim Construction Chart must not include argument.

Source text: In this joint submission, the parties shall not provide argument.

Motion for Claim Construction must be filed with Joint Claim Construction Brief and contain no argument.

Source text: Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ]).”

Parties must notify Court by joint letter of testimony request, time allocation, and presentation order for claim construction hearing.

Source text: The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Large exhibits (>20 pages) must be trimmed to relevant portions only.

Source text: If a party is attaching an exhibit to its letter brief, and the exhibit is large (i.e., more than 20 pages), the party should simply include the cover page/first page of the exhibit and then only those other portions of the exhibit that are relevant to the discovery dispute.

Moving party must attach relevant discovery requests and responses.

Source text: If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.

Responding party must attach additional relevant discovery materials.

Source text: The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit.

Motions in limine must be included in the proposed pretrial order and not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Separate Conclusions of Law are prohibited in non-jury trials.

Source text: No separate Conclusions of Law shall be filed.

Final Pretrial Order must include a certification of good faith settlement efforts with description and date of recent discussions.

Source text: [Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.]

Moving party must attach a proposed order to its letter brief for discovery disputes.

Source text: The moving party should attach a proposed order to its letter brief as an exhibit. In that proposed order, the moving party should also clearly set out the nature of the requested relief as to each dispute.

Moving party must attach relevant discovery requests and responses as exhibits.

Source text: If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief.

Discovery dispute letter briefs must include proposed order, disputed discovery requests/responses, and sworn declarations for disputed facts.

Source text: The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.

Motion for Claim Construction must be filed concurrently with Joint Claim Construction Brief, contain no argument, and use specific mandated language.

Source text: Each party shall file concurrently with the Joint Claim Construction Brief a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ])."

Joint letter submission required by claim construction brief due date containing testimony request, time allocation request, and presentation order.

Source text: The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Non-dispositive motions must include the statement required by Local Rule 7.1.1.

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

All fact discovery must be completed by specified date.

Source text: (a) Fact Discovery Cutoff. All fact discovery in this case shall be initiated so that it will be completed on or before [DATE].

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

Source text: 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.

Motions to join parties or amend pleadings must be filed by specified deadline.

Source text: All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before [DATE].

All final contentions must include positions under both parties' proposed claim constructions.

Source text: (e) All final contentions (i.e., infringement, non-infringement, invalidity, validity) must include a party’s contentions under its proposed claim construction(s), as well as under the opposing claim construction(s) (if such an alternative contention exists).

Motion for sealing/redaction must include highlighted transcript and proposed redacted version.

Source text: Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Plaintiff must identify accused products, asserted patents, damages theory, and prosecution history by specified date.

Source text: Absent agreement among the parties and approval of the Court: (a) Identification of Accused Products and Asserted Patents. On or before [DATE], Plaintiff shall identify the accused product(s) [or method(s) or system(s)], the asserted patent(s) and Plaintiff’s damages theory. On the same date, Plaintiff shall also produce the prosecution history for each asserted patent.

Defendant must produce core technical documents and sales figures by specified date.

Source text: (b) Core Technical Documents. On or before [DATE], Defendant shall produce core technical documents related to the accused product(s) sufficient to show the functionality of the accused product(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).

Plaintiff must provide initial and final infringement contentions by specified dates; Defendant must provide initial non-infringement contentions by specified date.

Source text: (c) Infringement Contentions. On or before [DATE], Plaintiff shall provide its initial infringement contentions for each asserted claim. On or before [DATE], Defendant shall provide its initial non-infringement contentions in response to Plaintiff’s initial contentions. On or before [DATE], Plaintiff shall provide its final infringement contentions. On or before [DATE],

Defendant must provide initial and final invalidity contentions by specified dates; Plaintiff must provide initial and final validity contentions by specified dates.

Source text: (d) Invalidity Contentions. On or before [DATE], Defendant shall provide its initial invalidity contentions for each asserted claim and the related invalidating references. On or before [DATE], Plaintiff shall provide its initial validity contentions in response to Defendant’s initial contentions. On or before [DATE], Defendant shall provide its final invalidity contentions. On or before [DATE], Plaintiff shall provide its final validity contentions in response to Defendant’s final contentions.

Document production must be substantially complete by specified date.

Source text: (b) Document Production. Document production shall be substantially complete by [DATE].

Expert report deadlines: initial [DATE], supplemental [DATE], reply [DATE].

Source text: For the party who has the initial burden of proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. No other expert reports will be permitted without either the consent of all parties or leave of the Court.

Expert declarations not permitted with motions briefing.

Source text: [will not] permit expert declarations to be filed in connection with motions briefing (including case dispositive motions).

Daubert objections must be made by dispositive motion deadline.

Source text: To the extent that 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 the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Expert discovery must be completed by [DATE].

Source text: All expert discovery in this case shall be initiated so that it will be completed on or before [DATE].

Discovery motions must follow specific procedures or be denied.

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

Motions to amend/strike must include proposed pleading and redline comparison.

Source text: Any such motion shall attach the proposed amended pleading (as well as a “redline” comparison to the prior pleading) or the document proposed to be stricken.

Joint appendix must include patents and relevant intrinsic evidence.

Source text: the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties’ briefing.

Summary judgment motions require a concise statement (max 6 pages) of essential undisputed facts.

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

Opposition to summary judgment must include a 6-page response to the moving party's concise statement.

Source text: 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.

Opposition may include a 4-page concise statement of disputed facts.

Source text: 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.

Reply to summary judgment must include a 4-page response to the opposition's concise statement.

Source text: 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.

Joint proposed jury instructions and voir dire must be filed 7 days before final pretrial conference.

Source text: At least seven (7) days before the final pretrial conference, the parties shall file proposed voir dire, preliminary jury instructions, final jury instructions and special verdict forms pursuant to Local Rules 47.1(a)(2) and 51.1. The Court expects the parties to work together to submit joint proposed versions of the voir dire, preliminary jury instructions and final jury instructions, indicating within those joint submissions any differences between the parties’ proposals.

Post-proceeding sealing/redaction requests must promptly file a motion with highlighted complete transcript and proposed redacted version attached.

Source text: Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted and (2) a copy of the proposed redacted/sealed transcript.

Discovery dispute filings must include proposed order with issue-specific relief and related discovery materials.

Source text: include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute

Motions to amend must attach proposed amended pleading with redline comparison; motions to strike must attach document proposed to be stricken.

Source text: Any such motion shall attach the proposed amended pleading (as well as a "redline" comparison to the prior pleading) or the document proposed to be stricken.

Intrinsic evidence shall not be attached to joint claim construction chart; must be included in separate joint appendix.

Source text: Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence, as well as any additional evidence cited in the parties' briefing.

Proposed final pretrial order must contain table of contents and numbered paragraphs.

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

Summary judgment motions must be accompanied by a separate concise statement of material facts in numbered paragraphs with record citations.

Source text: Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and for which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Non-dispositive motions must contain the Local Rule 7.1.1 statement.

Source text: Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.

Motions in limine must be included in proposed pretrial order, not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Proposed protective orders must include a specific 'Other Proceedings' paragraph regarding disclosure in other cases.

Source text: 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.

Discovery dispute letter submission must include a proposed order specifying the relief sought.

Source text: This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-

Motions to amend or strike must attach proposed amended pleading with redline comparison or document proposed to be stricken.

Source text: Any such motion shall attach the proposed amended pleading (as well as a "redline" comparison to the prior pleading) or the document proposed to be stricken.

Joint claim construction charts must follow the sample format on Judge Tennyson's website.

Source text: All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

Non-dispositive motions must include the statement required by Local Rule 7.1.1.

Source text: Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.

Motions in limine must be included in the proposed pretrial order, not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Proposed final pretrial order must include table of contents and numbered paragraphs.

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

Letter (max 4 pages, 12pt font, double-spaced) required 72 hours before discovery teleconference

Source text: Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

Opposition letter (max 4 pages, 12pt font, double-spaced) required 48 hours before discovery teleconference

Source text: Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.

Court reporter required for all hearings and proceedings

Source text: Court Reporter. The parties shall arrange for a court reporter for all hearings and proceedings including, but not limited to, scheduling conferences, status conferences, discovery and protective order disputes, hearings, pretrial conference, and trial.

Plaintiff must disclose accused products and damages model by specific date

Source text: Disclosures. Absent agreement among the parties, and approval of the Court: (a) By ____________, 20__, Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted file history for each asserted patent.

Defendant must produce technical documents and sales figures by specific date

Source text: (b) By ____________, 20__, 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).

Plaintiff must produce initial claim chart by specific date

Source text: (c) By ____________, 20__, Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.

Defendant must produce initial invalidity contentions by specific date

Source text: (d) By ____________, 20__, Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.

Plaintiff must provide final infringement contentions by specific date

Source text: (e) By ____________, 20__, Plaintiff shall provide final infringement contentions.

Defendant must provide final invalidity contentions by specific date

Source text: (f) By ____________, 20__, Defendant shall provide final invalidity contentions.

Joint interim status report required by specific date

Source text: Interim Status Report. On ____________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.

Exhibits must be cited with specific page and line numbers (depositions require both page and line).

Source text: Detailed Citation Required. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Counsel must email court with attorney email addresses by mediation statement deadline

Source text: No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall email to the court in a writing separate from the mediation statement for each attorney who will be participating in the mediation teleconference: (i) a

Counsel must exchange participant lists with opposing parties by mediation statement deadline

Source text: No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.

Mediation statements must be delivered to Clerk's Office by 3:30 PM deadline, marked confidential, not filed electronically

Source text: On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed since they are not part of the Court record.

Counsel must comply with order and immediately report compliance problems to avoid sanctions

Source text: All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.

Mediation statements require an original and one copy submitted to the Chief Magistrate Judge.

Source text: On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge.

Mediation statements must be delivered to the Clerk's Office in a marked envelope, not filed or emailed.

Source text: The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked 'CONFIDENTIAL MEDIATION STATEMENT.'

Mediation statements must not be electronically filed.

Source text: Mediation statements shall NOT be electronically filed since they are not part of the Court record.

Briefs must cite specific pages of exhibits; deposition citations must include page and line numbers.

Source text: Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.

Joint proposed final pretrial order must include table of contents and matters described in Local Rule 16.3(c).

Source text: The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].

Motion for Discovery must include list of up to 3 matters, meet-and-confer dates, participating counsel identities, and 3 available teleconference dates.

Source text: The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference

Submissions in protective order disputes must include the party's proposed content for the disputed portions only.

Source text: For disputes related to the protective order, the submissions shall include the party's proposal of the content for the disputed portion(s) only of the protective order.

All discovery must be completed by a specific deadline.

Source text: All discovery in this case shall be initiated so that it will be completed on or before _______________, 20__.

Initial expert disclosure due date for party with initial burden of proof

Source text: For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__.

Supplemental expert disclosure deadline for rebuttal

Source text: The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__.

Motions to join parties or amend pleadings must be filed by a specific deadline.

Source text: All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__.

Initial expert disclosure is due by a specific deadline for the party with initial burden of proof.

Source text: For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__.

Supplemental expert disclosure to rebut evidence is due by a specific deadline.

Source text: The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__.

Reply expert reports are due by a specific deadline for the party with initial burden of proof.

Source text: Reply expert reports from the party with the initial burden of proof are due on or before ________.

Additional expert reports require consent of all parties or leave of court.

Source text: No other expert reports will be permitted without either the consent of all parties or leave of the Court.

Parties must advise of expert availability for deposition with expert report submissions.

Source text: Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.

Objections to expert testimony must follow Daubert principles.

Source text: To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow

Discovery dispute letter (max 4 pages, 12pt font) due 72 hours before conference.

Source text: On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

Opposition letter (max 4 pages, 12pt font) due 48 hours before conference.

Source text: On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

Proposed order required as exhibit with discovery dispute letter.

Source text: This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

Original and 1 copy required for sealed papers.

Source text: When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers.

Summary judgment motions require concise statement (max 6 pages).

Source text: Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that 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.

Opposition to summary judgment requires concise statement response (max 6 pages).

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

Reply expert report deadline for party with initial burden of proof

Source text: Reply expert reports from the party with the initial burden of proof are due on or before ________.

Fact witness list due one month after expert discovery closes

Source text: Within one (1) month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial.

Rebuttal fact witness list due one month after receiving initial fact witness list

Source text: Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial.

Discovery disputes must be filed as joint motion for teleconference

Source text: Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 2 the moving party (i.e., the party seeking relief from the Court) shall file a '[Joint] Motion for Teleconference To Resolve [Protective Order or Discovery] Dispute.'

Unfiled briefs must be combined into a single Joint Claim Construction Brief.

Source text: 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.

Summary judgment motions require a concise statement of facts (max 6 pages)

Source text: Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that 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. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Opposition to summary judgment requires response to concise statement (max 6 pages)

Source text: Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.

Reply to summary judgment requires response to opposing concise statement (max 4 pages)

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

Final pretrial order must include Table of Contents

Source text: The proposed final pretrial order shall contain a Table of Contents.

Jury documents due 3 business days before final pretrial conference

Source text: Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Discovery dispute letters must include proposed order attached as exhibit.

Source text: This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

Motions in limine must be included in proposed pretrial order, not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Letter submission for discovery disputes must include a proposed order attached as an exhibit.

Source text: This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

Proposed protective orders must include a specific 'Other Proceedings' paragraph about disclosure in other cases.

Source text: Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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 in other proceedings 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 party may have an opportunity to appear and be heard in the other proceeding.

Parties must combine their individual claim construction briefs into a single Joint Claim Construction Brief by copying and pasting them in sequential order.

Source text: 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

Motions to join parties or amend pleadings must be filed by specified deadline

Source text: All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________

Daubert objections must be made by dispositive motion deadline

Source text: To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Jury-related documents due 3 business days before final pretrial conference.

Source text: Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5 p.m. on the third business day before the date of the final pretrial conference. The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format.

Parties must identify other litigation/IPRs involving asserted patents in scheduling order.

Source text: The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents.

Plaintiff must disclose expected future litigation; Defendant must disclose expected IPR filings.

Source text: Plaintiff2 should advise whether it expects to institute any further litigation in this or other Districts within the next year. Defendant should advise whether it expects to file one or more IPRs and, if so, when.

Plaintiff must disclose existing licenses/settlements by scheduling conference or file proposed order 24 hours prior.

Source text: If one or more of the patents-in-suit have already been licensed or settlement agreements to Defendant no later than the time of the initial Rule 16(b) scheduling conference, or (2) if Plaintiff requires a Court Order to make such disclosures, Plaintiff shall file any necessary proposed orders no later than twenty-four hours before the initial Rule 16(b) scheduling conference. Plaintiff shall represent in the scheduling order that it is complying or has complied with this requirement.

All parties must be prepared to discuss preliminary damages views at scheduling conference.

Source text: All parties shall be prepared to discuss at the conference what their preliminary views of damages are.

Parties must confer and submit proposed protective order within 10 days if needed.

Source text: Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order.

Protective orders must include paragraph about disclosure in other proceedings.

Source text: 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 as confidential 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.

Joint Claim Construction Chart must be filed by specified deadline.

Source text: Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____________, 20__.

Joint Claim Construction Chart must identify disputed terms and proposed constructions with intrinsic evidence citations.

Source text: The 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.

Joint Claim Construction Chart must explain why dispute resolution matters.

Source text: The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference.

Patent(s) and relied-upon intrinsic record portions must be submitted with Joint Claim Construction Chart.

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

Joint Claim Construction Chart must not include argument.

Source text: In this joint submission, the parties shall not provide argument.

Joint Claim Construction Brief must be filed by specified deadline.

Source text: No later than ___________, the parties shall file a Joint Claim Construction Brief.

Joint Claim Construction Brief must combine unfiled briefs in sequential order.

Source text: The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.

Joint Claim Construction Brief must not include general summaries of claim construction law.

Source text: The parties need not include any general summaries of the law relating to claim construction.

Materials that would be in an appendix must be submitted in a Joint Appendix.

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

Each disputed term must have a table showing term, competing constructions, and dispute significance. Tables don't count against word limits.

Source text: For each term in dispute, there should be a table or the like setting forth the term in dispute, the parties’ competing constructions, and why resolution of the dispute matters. The table does not count against the word limits.

Joint claim construction brief filing requires simultaneous motion requesting hearing and stating requested argument time.

Source text: When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the above-scheduled claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument.

Non-dispositive motions must include statement required by Local Rule 7.1.1.

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

Joint proposed final pretrial order due 4 business days before pretrial conference by 5 p.m.

Source text: The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the fourth business day before the date of the final pretrial conference.

Jury-related documents must be filed by 6 p.m. on the fourth business day before final pretrial conference.

Source text: Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.

Mandatory in-person mediation with joint statement required one week before pretrial conference.

Source text: The Parties are required to engage in good faith in an in-person mediation. They are to hire a jointly agreed-upon mediator. The timing of mediation efforts is left to the discretion of the Parties, but the mediation efforts need to be conducted in advance of the pretrial conference. The Parties are required to submit a joint statement no later than one week before the pretrial conference. The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.

Suppression motion responses must include position on evidentiary hearing

Source text: 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.

Certification of total word count is required when using word count limit.

Source text: To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission.

Any proposed protective order must include the specified 'Other Proceedings' paragraph.

Source text: 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 as confidential 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.

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

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

Jury instructions, voir dire, and special verdict forms due 4 business days before final pretrial conference by 6 p.m.

Source text: the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 6 p.m. on the fourth business day before the date of the final pretrial conference.

Mediation joint statement required one week before pretrial conference.

Source text: The Parties are required to submit a joint statement no later than one week before the pretrial conference.

Joint mediation statement must include mediator ID, lead counsel, mediation length, and good faith certification.

Source text: The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith.

Non-dispositive motions must contain statement required by Local Rule 7.1.1.

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

Joint proposed final pretrial order due by 5 p.m. on 3rd business day before final pretrial conference.

Source text: The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the third business day before the date of the final pretrial conference.

Protective orders must include required 'Other Proceedings' paragraph about limiting disclosure.

Source text: 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 disclose another party's information designated as confidential 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.

Parties must file proposed voir dire, jury instructions, and special verdict forms by 5 p.m. three business days before the final pretrial conference.

Source text: pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5 p.m. on the third business day before the date of the final pretrial conference.

Joint certification confirming all counsel understand, have complied, and will comply with the order must be filed within 3 days of the order date.

Source text: 6. Within 3 days of the date of this order, file a joint certification that all counsel understand, have complied, and will comply with this order.

Rule 56 appendices must include a table of contents.

Source text: The appendix shall include a table of contents.

Filings that reference a website must attach a screenshot of the cited website as an exhibit.

Source text: Filings referencing a website shall attach a screenshot of the cited website reference as an exhibit.

Pro hac vice motions must be filed by an eligible attorney and include required content regarding the admission request.

Source text: Motions for pro hac vice admission should be made as soon as possible and must be filed by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose appearance has been entered in the case in which the motion is made and who confirms his or her continuing obligations under Section I.K. of our Policies below; (3) describing the reasons the client requires this lawyer’s special admission, i.e., what does the applicant offer which cannot be provided by the attorney admitted in our Court; and, (4) reciting the positions of all counsel regarding the motion.

Pro hac vice motions must be accompanied by a sworn affidavit from each applicant detailing bar admission, standing, disciplinary history, rule compliance, and post-admission communication obligations.

Source text: The motion must also be accompanied by the affidavit of each attorney seeking pro hac vice admission swearing: i. Year and jurisdiction of each bar admission: ii. Status of the attorney’s admission(s), i.e., active or inactive, in good standing, etc.; iii. Whether the attorney has ever been suspended from the practice of law in any jurisdiction or received any public reprimand by the highest disciplinary authority of any bar in which the attorney has been a member; iv. The affiant/declarant (a) has in fact read the most recent edition of the Delaware Rules of Professional Conduct and the Local Rules of this Court and (b) agrees to be bound by both sets of Rules for the duration of the case for which pro hac vice admission is sought; and, v. If granted pro hac vice status, the affiant/declarant will in good faith continue to advise counsel who has moved for the pro hac vice admission of the current status of the case for which pro hac vice status has been granted and of all material developments in the case.

All filings must be signed by local counsel.

Source text: Judge Kearney requires local counsel sign all filings.

Parties must file a comprehensive Rule 26(f) joint report compliant with the provided form at least one day before the initial pretrial conference, unless waived for good cause.

Source text: Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the form provided at https://www.paed.uscourts.gov/judges-info/district-court-judges/mark-a-kearney.

Threshold motions (dismiss, strike, remand, etc.) must include a signed certificate of conference from movant’s trial counsel, exempting pro se parties.

Source text: Attach a certificate signed by the movant’s trial counsel to the threshold motion confirming the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;

Motions to amend pleadings must identify all parties' positions and attach the proposed amended pleading with changes blacklined or highlighted.

Source text: A motion to amend a pleading shall: identify all parties’ positions on the proposed amendments and attach the proposed amended pleading either blacklined or highlighted solely to show the change in the pleading.

Amended pleadings filed under Fed. R. Civ. P. 15(a)(1) must attach an exhibit with a blacklined or highlighted copy showing changes.

Source text: A party filing an amended pleading as a matter of course under Fed. R. Civ. P. 15(a)(1) must attach as an exhibit a blacklined or highlighted copy of the pleading solely to show the changes in the pleading.

Contested continuance motions must include a proposed order.

Source text: Contested scheduling. If a non-incarcerated party opposes a continuance or extension, the movant may move under Section IIIA. below identifying the basis for the continuance or extension and detail the positions of other parties with a proposed order.

Discovery dispute motions must include a substantive certification describing the opposing party’s position, with no generalities; failure to do so risks summary denial.

Source text: If a discovery dispute cannot be resolved, we expect counsel will provide a substantive, specific, and meaningful certification including describing the opposing party’s position. For example, it is not sufficient to certify “counsel can’t reach opposing counsel”; “reasonable efforts have been made but were unsuccessful”; “counsel have conferred in good faith”; “counsel repeatedly conferred with opposing counsel” or similar generalities. Failure to include a certification or insufficient certification may result in summary denial without substantive consideration.

Short discovery/scheduling dispute motions must include an attached proposed order.

Source text: Judge Kearney will promptly consider a short motion of three pages or less, double-spaced twelve-point font, with an attached proposed order seeking to enforce or excuse timely and full compliance with discovery and scheduling obligations under the Federal Rules, these Policies, and our Orders.

Memoranda of law are prohibited in short discovery/scheduling dispute motions unless leave is granted.

Source text: The parties may not file a memorandum of law absent leave.

Discovery motions must be accompanied by a proposed order.

Source text: A discovery motion unable to be presented in three pages or less may be presented in a motion not exceeding seven pages, double-spaced twelve-point font, along with a proposed order.

Discovery motions against non-parties must include a certificate of service detailing service method and a cover letter directing the non-party to the Court’s policies.

Source text: A party seeking an order compelling discovery compliance from a non-party must attach a certificate of service to the discovery motion describing their simultaneous service of the motion by email, hand delivery, or fax upon the non-party possibly subject to the motion and, in a cover letter, direct the non-party to these Policies on the Court’s website and the obligation to timely respond.

All grounds for relief must be combined into a single motion with a proposed order and memorandum; proposed order must reference the motion, docket number, and relief basis.

Source text: All grounds for relief must be set forth in a single, comprehensive motion, accompanied by a proposed order and memorandum. The proposed order should specifically refer to the motion, docket filing number, and specific basis for requested relief.

Parties opposing a motion must attach a proposed order referencing the motion, docket number, and basis for denial.

Source text: Parties opposing the motion must attach a proposed order referring to the motion, docket filing number, and specific basis for denying the requested relief.

Motions without party stipulation (except Rule 12/37/56) must include a description of all opposition; failure to do so may result in summary denial.

Source text: Counsel seeking relief without a stipulation of all parties and other than under Federal Rules of Civil Procedure 12, 37, or 56, including challenging the admissibility of expert or fact evidence, shall provide a meaningful fulsome description of the opposition to the requested relief as part of the Motion. Failure to recite all parties’ positions may result in summary denial of the requested relief.

Post-trial motions must comply with Rules 59/60, Local Rule 7.1(e), and order/pay for transcript within 14 days of filing.

Source text: A party seeking to challenge trial and pretrial rulings through a timely post-trial motion must strictly comply with Federal Rules of Civil and Criminal Procedure 59 and 60 and with Local Rule 7.1(e) requiring ordering and paying a deposit for the trial transcript required by the court reporter within fourteen days of filing any post-trial motion unless Judge Kearney excuses this requirement for good cause.

Statements of material facts for summary judgment must respond to movant's paragraphs, include additional facts, and cite specific record sources.

Source text: facts which bear on dispositive material issues shall be included in the Statement of Undisputed Facts. Opposition to a motion for summary judgment shall include a separate filing of a statement of material facts, responding to the numbered paragraphs in the movant’s Statement of Undisputed Facts, which the respondent contends present genuine issues for trial. The responding party also shall set forth, in separate numbered paragraphs, any additional facts which the respondent contends preclude summary judgment. Statements of material facts in support of or in opposition to a motion for summary judgment shall include specific and not general references to the parts of the record supporting each of the statements. Each stated fact shall cite the source relied upon, including the page of any document or line and page number of any deposition to which reference is made.

Rule 56 movants must file a separate appendix of exhibits and affidavits with the motion.

Source text: Upon filing, the movant(s) shall also file a separate appendix of all exhibits or its affidavits which may relate to the issues raised in the motion.

Cross-movants under Rule 56 must prepare a single joint appendix.

Source text: On all cross-motions under Rule 56, the cross-movants must consult before filing to prepare a single joint appendix.

Respondent may file appendix with opposition, additions Bates stamped from end of movant's appendix, with table of contents.

Source text: Should it become necessary for the non-moving party to submit affidavits or additional exhibits, however, it may do so in a respondent’s appendix filed with its Opposition. Any additions to the movant’s appendix shall also be consecutively Bates-stamped, beginning at the page number where the movant’s appendix ended, and shall include a table of contents.

Pretrial memoranda must include stipulations, highlighted deposition testimony, witness substance, and exhibit schedule, per Local Rule 16.1(c).

Source text: Unless otherwise ordered by Judge Kearney, the parties shall prepare simultaneous pretrial memoranda meeting the requirements of Local Rule of Civil Procedure 16.1(c), and also include: (1) All stipulations of counsel; (2) Attached highlighted deposition testimony (including videotaped deposition testimony) of admissions or unavailable witnesses which the party intends to offer during its case-in-chief. The pretrial statement should include citations to the page and line number; (3) The substance of the testimony of each witness. Identifying a witness as offering testimony on liability and/or damages without specifics is insufficient; and, (4) A schedule with description of all proffered exhibits.

Oppositions to motions in limine must be in memoranda form.

Source text: Oppositions shall be in memoranda form.

Proposed jury instructions must include a table of contents.

Source text: Proposed jury instructions, separately numbered, shall include a table of contents and be submitted on a separate sheet of paper, double spaced, with accurate quotes from, and pinpoint citations to cases and pattern jury instructions where appropriate.

Dispositive motions (judgment as matter of law, involuntary dismissal) must be filed and served with a certificate of service.

Source text: Motions for judgment as a matter of law in jury trials and motions for an involuntary dismissal in non-jury trials must be filed and served.

Motions for continuance in criminal cases must be accompanied by a proposed order.

Source text: Any such motion must be accompanied by the form of consent to continuance signed by the defendant, as provided by Judge Kearney after receipt of the motion and proposed order which, if approved by Judge Kearney, would grant the relief sought by the motion.

Guilty plea agreements in criminal cases must state the type of plea and include required disclosures.

Source text: The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional plea, or a plea of nolo contendere. The guilty plea agreement also must disclose to the

Guilty plea memoranda must include specified content and be submitted at least two days before change of plea hearing.

Source text: 3. The United States must submit a guilty plea memorandum at least two days prior to the change of plea hearing. The memorandum shall include the elements of each offense to which the defendant is pleading guilty and legal citations for the elements, the maximum statutory penalties for each offense, the terms of any plea agreement and the factual basis for the plea. The change of plea memorandum shall be provided in Microsoft Word Format by email to Chambers_of_Judge_Kearney@paed.uscourts.gov.

United States must file trial memorandum with specified content one week before trial; defendant may optionally file.

Source text: At least one week prior to the trial date, the United States must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness’ testimony and any legal issues. The defendant is not required to file a trial memorandum but may do so.

PSR objections must be sent to probation officer in advance of sentencing and not first raised in sentencing memo.

Source text: To avoid delay in sentencing, all objections to the Presentence Investigation Report must be sent to the probation officer in advance of sentencing. In no event shall counsel raise objections for the first time in a sentencing memorandum.

Sentencing motion memoranda must set forth all legal authority relied upon by the party.

Source text: Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

Sentencing memoranda (non-motion) must have copies served on the United States Probation Office.

Source text: Sentencing memoranda (exclusive of motions), by both the United States and the defense must be filed no later than seven days before the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. Counsel shall serve a copy on the United States Probation Office.

United States must include detailed restitution information in sentencing memo if defendant may be responsible for restitution.

Source text: If a defendant may be responsible for restitution, the United States must submit sufficient information in its sentencing memorandum to enable Judge Kearney to determine entitlement, the name and the address of each victim, the amount of loss for each victim, and documentary support for each amount. If liability for restitution is joint and several, the United States shall itemize the restitution amount for which each defendant may be responsible.

Joint letter in specified form required to request discovery teleconference after good faith meet and confer with required participant representation.

Source text: Should counsel find, after good faith efforts—including oral communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Bibas: The parties in the above­referenced matter write to request the scheduling of a discovery teleconference. 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 [INSERT DATES]. The disputes requiring judicial attention are listed below: [A NON-ARGUMENTATIVE LIST OF DISPUTES REQUIRING JUDICIAL ATTENTION]

Proposed protective orders must include the specified 'Other Proceedings' paragraph.

Source text: 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.

Parties must file a teleconference request letter for motion to amend by the reply letter deadline.

Source text: Within three days thereafter, the moving party may file a reply letter, not to exceed two pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.

Parties must file a teleconference request letter for motion to strike by the reply letter deadline.

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

Counsel must submit a joint interim status letter by a specified 2021 date, including an interim report on the issues and discovery progress.

Source text: 11. Interim Status Report. On ___, 2021, counsel shall submit a joint letter to the Court with an interim report on the nature of the matters in issue and the progress of discovery to date. Then, if the Court deems it necessary, it will schedule a status conference.

Non-dispositive motions must include the statement required by Local Rule 7.1.1.

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

Parties must file a joint proposed final pretrial order with the required form information by a specified 2021 date.

Source text: The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before ___, 2021.

Motions in limine must be included in the proposed pretrial order, not filed separately.

Source text: Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

In limine requests and responses must include all authorities relied upon.

Source text: The in limine request and any response shall contain the authorities relied upon;

Referenced documents must be highlighted, with page numbers identified; miniscripts preferred over full transcripts when possible.

Source text: Documents referenced in the concise statement may, but need not, be filed in their entirety if a party concludes that the full context would be helpful to the Court (e.g., a deposition miniscript with an index stating what pages may contain key words may often be useful). The concise statement shall particularly identify the page and portion of the page of the document referenced. The document referred to shall have relevant portions highlighted or otherwise emphasized. The parties may extract and highlight the relevant portions of each referenced document, but they shall ensure that enough of a document is attached to put the matter in context. If a party determines that an entire deposition transcript should be submitted, the party should consider whether a miniscript would be preferable to a full-size transcript. If an entire transcript is submitted, the index of terms appearing in the transcript must be included, if it exists. When multiple pages from a single document are submitted, the pages shall be grouped in a single exhibit.

Compendiums not filed electronically; only notice of service filed electronically

Source text: Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court.

Extending the Joint Claim Construction Brief deadline may result in losing the claim construction hearing date.

Source text: (Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.)

Parties filing multiple summary judgment motions must number them to indicate preferred review order.

Source text: (d) Ranking of Summary Judgment Motions. A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #I, the second motion shall be designated #2, and so on.

Pretrial order must have table of contents and numbered paragraphs.

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

Discovery dispute joint letter must list participating attorneys including at least one Delaware Counsel and one Lead Counsel per party.

Source text: 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)

Discovery dispute joint letter must include non-argumentative list of disputes requiring judicial attention.

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

Materials that would be in an index must be submitted in a Joint Appendix.

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

Counsel must submit joint letter with interim status report on matters in issue and discovery progress.

Source text: 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.

Post-trial jury briefing must comply with D. Del. LR 7.1.3 unless the Court orders otherwise.

Source text: Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered.

When seeking a detailed post-trial opinion, counsel should include a proposed briefing schedule with page limits in the proposed pretrial order.

Source text: If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order.

Unresolved exhibit objections must be raised to Court before witness is called.

Source text: If good faith efforts to resolve the objections fail, the party objecting to the exhibits shall bring its objections to the Court's attention prior to the witness being called to the witness stand.

Parties must choose whether to permit expert declarations with motions.

Source text: The parties agree they [will] [will not] [CHOOSE ONE] permit expert declarations to be filed in connection with motions briefing (including case-dispositive motions).

Parties must include date page when filing/serving date is relevant.

Source text: If the date when a certain discovery request/report was filed/served is relevant to the dispute, and if a party is attaching that request/report as an exhibit to its letter brief, then the party should also include the page of the exhibit that indicates on what date the request/report was filed/served.

Party with burden on disputed factual issues should attach sworn declaration or affidavit.

Source text: If the discovery dispute involves disputed, material factual issues (e.g., whether obtaining certain discovery would be unduly costly or burdensome), then the party with the burden should strongly consider attaching as an exhibit to its letter brief a sworn declaration or affidavit regarding that disputed issue.

Parties must consult and follow Judge Burke's Guidelines for Discovery Disputes available on the court website.

Source text: The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's section of the District Court's website.

If parties cannot agree on protective order, follow Paragraph 8(g) procedures.

Source text: If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 8(g) below.

The claim construction issue identification list exchanged by parties shall not be filed with the Court.

Source text: This document will not be filed with the Court.

Joint claim construction briefs exceeding 80 pages require certification that page limits were not violated and explanation for excess length.

Source text: If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits in the Scheduling Order have not been violated and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms, etc.) as to why the brief is longer than 80 pages.

Limited attachments allowed - only provisions at issue for protective order disputes, only disputed requests/responses for discovery disputes

Source text: Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached.

Do not include documentation of attempts to resolve issues; cases/transcripts relied upon may be attached

Source text: Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.

Attachments limited to provisions at issue or cited cases/transcripts; no documentation of resolution attempts

Source text: Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.

Required participants must be available, accessible, and cooperate in good faith throughout mediation

Source text: The required participants shall be available and accessible throughout the mediation process. The parties' full and good faith cooperation with the mediation process is required. In particular, both the lawyers and the party representatives are expected to be fully prepared to participate. All participants are encouraged to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute.

Documentation of settlement attempts (letters/emails) is prohibited as attachments to discovery dispute letters.

Source text: Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included.

Parties must submit joint letter with claim construction brief requesting testimony leave and hearing time allocation.

Source text: The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed (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.

Letter attachments must be limited: only disputed provisions for protective orders, only disputed requests/responses for discovery disputes; resolution documentation prohibited; cited cases/transcripts permitted.

Source text: Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.

Additional expert reports require consent or court leave

Source text: No other expert reports will be permitted without either the consent of all parties or leave of the Court.

Parties must submit to depositions within the district unless otherwise ordered.

Source text: Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district.

The proposed final pretrial order must include a Table of Contents.

Source text: The proposed final pretrial order shall contain a Table of Contents.

Non-dispositive motions should contain the certificate of conference required by Local Rule 7.1.1.

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

If parties cannot agree on protective order, follow Paragraph 3(f) procedures.

Source text: Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(f) above.

Word count verification must be represented to opposing party but not filed with Court unless dispute arises.

Source text: As each brief is written and provided to the opposing party, the individual responsible for verifying the word count will represent to the other party that it has so verified and by what means. These verifications should not be provided to the Court unless a dispute arises about them.

Separate briefing is prohibited on in limine requests unless Court permits.

Source text: No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Judge Kearney will not consider material not included in the required Rule 56 appendix.

Source text: Judge Kearney will not consider material not included in the appendix required by this Policy.

Concise statements must comply with paragraphs 10 and 14 of this Order.

Source text: Concise statements of fact shall comply with paragraphs 10 and 14 of this Order.

General summaries of claim construction law are not required.

Source text: The parties need not include any general summaries of the law relating to claim construction.

Extrinsic evidence may be cited but only reviewed if intrinsic evidence insufficient.

Source text: Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim Construction Brief as the parties deem necessary, but the Court will review such extrinsic evidence only if the Court is unable to construe the disputed claim terms based on the intrinsic evidence.

No Amended Joint Claim Construction Chart required if no agreements reached.

Source text: If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.

Compendium should exclude general principles, single citations, and authorities already provided by other parties.

Source text: The parties should not include in the compendium authorities for general principles or uncontested points of law (e.g., the standards for summary judgment or claim construction). An authority that is cited only once by a party generally should not be included in the compendium. An authority already provided to the Court by another party should not be included in the compendium.

Meet and confer confirmation letter must identify participants, timing, method, and duration.

Source text: The parties shall file with the Amended Joint Claim Construction Chart a letter that identifies by name each individual who participated in the meet and confer, when and how (i.e., by telephone or in person) the meet and confer occurred, and how long it lasted.

Prior approval requests must be made by joint letter submission no later than the answering brief deadline.

Source text: Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are filed

Parties must review the Court's Default Standard for Discovery (including ESI) posted on the court website.

Source text: If they have not already done so, the parties are to review the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (‘‘ESI”), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is incorporated herein by reference.

Parties must exchange claim construction proposals but not file them with the court.

Source text: On or before _____, the parties shall respond to and provide their proposed construction for any term(s)/phrase(s) presented by the other side for which the party did not initially provide a construction. These documents will not be filed with the Court.

Technology tutorials must focus on education, not argument.

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

Materials for index must be submitted in Joint Appendix

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

Claim construction hearing scheduled at specified time and date

Source text: Beginning at ___ .m. on , the Court will hear argument on claim construction.

Court will issue claim construction order within 60 days of hearing conclusion

Source text: 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.

For patent cases, the Court requests hyperlinked post-trial papers within one week of the last post-trial brief, and hard-copy trial exhibits are not required if hyperlinks are provided.

Source text: In patent cases, the Court would like to receive hyperlinked versions of the parties’ post-trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits.

Original exhibits go to courtroom deputy in jury trials, maintained by parties in bench trials.

Source text: In a jury trial, the “original” exhibits are given to the Courtroom Deputy once they have been admitted. In a bench trial, the “original” exhibits are maintained by the parties.

Parties charged for time between witnesses based on proportions they provide.

Source text: The parties will be charged for all time that elapses from the time the witness is called until the next witness is called, according to the proportions to be provided by the parties.

Proposed post-trial briefing schedule with page limits should be included in pretrial order if detailed opinion desired.

Source text: If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order.

Fact witnesses will be sequestered unless parties agree otherwise.

Source text: In the absence of an alternative agreement between the parties, fact witnesses will be sequestered.

Demonstratives created during testimony do not need to be provided in advance.

Source text: This provision does not apply to demonstratives created during testimony or other side in advance of their use.

Blow-ups or highlights of exhibits/testimony do not need to be provided in advance.

Source text: In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

Optional tutorial on technology (max 30 minutes) may be submitted with Joint Claim Construction Brief.

Source text: The parties may (though they are not required to) provide the Court, no later than the date on which the Joint Claim Construction Brief is due, with a tutorial on the technology at issue. In this regard, the parties may separately submit a DVD/flash drive containing a tutorial that is not more than 30 minutes in length.

Materials for appendix must be filed in a joint appendix.

Source text: The parties need not include any general summaries of the law relating to claim construction. If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.

Burden party should attach sworn declaration for disputed factual issues.

Source text: If the discovery dispute involves disputed, material factual issues (e.g., whether obtaining certain discovery would be unduly costly or burdensome), then the party with the burden should strongly consider attaching as an exhibit to its letter brief a sworn declaration or affidavit regarding that disputed issue.

Filing the pretrial order satisfies FRCP 26(a)(3) pretrial disclosure requirement.

Source text: Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3).

Parties must submit to depositions within this district upon request.

Source text: Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district.

Parties must advise of expert deposition availability with expert reports.

Source text: Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition.

File Motion for Teleconference to Resolve Discovery Dispute if unable to resolve.

Source text: Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute.

Motion text available in Forms section of Judge Tennyson's website.

Source text: The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website.

Technology tutorials must be filed by the date of the joint claim construction brief.

Source text: if any party chooses to file such a tutorial, it shall be submitted on or before the date that the joint claim construction brief is filed.

Claim construction term list must be exchanged but not filed.

Source text: On [DATE], the parties shall exchange a list of claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s). This document will not be filed with the Court.

Participant list must be included on separate page, not counted toward page limit

Source text: Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Participant list must be included on separate page, not counted toward page limit

Source text: Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.

Sworn declarations may be filed if factual issues are disputed or central to analysis

Source text: To the extent factual issues are disputed or central to the Court’s analysis, non-conclusory, sworn declarations, only to the extent necessary, may be filed with the letter submission.

Mediation statements may include additional topics beyond the required sections, provided the page limit is complied with.

Source text: In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.

Parties are encouraged to serve contention interrogatories early in the case.

Source text: The Court encourages the parties to serve and respond to contention interrogatories early in the case.

Expert availability must be advised with expert report submissions

Source text: Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts' availability for deposition.

Form for discovery dispute motion available on court website

Source text: The suggested text for this motion can be found in Magistrate Judge Fallon's section of the Court's website in the 'Forms' tab, under the heading 'Discovery Matters–Motion to Resolve Discovery Disputes.'

No general claim construction summaries required; materials for appendix go in Joint Appendix.

Source text: The parties need not include any general summaries of the law relating to claim construction. If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.

Proposed final pretrial order must include a Table of Contents.

Source text: The proposed final pretrial order shall contain a Table of Contents.

Case referred to magistrate judge for ADR exploration.

Source text: This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution.

Parties may agree to patent disclosure timetable in scheduling order.

Source text: The parties may, if they choose, agree to a timetable for initial patent disclosures either as set forth in the Delaware Default Standard for Discovery or as agreed to by the parties, and the parties should set forth any such agreement in the scheduling order.

Parties should schedule claim/prior art reduction before claim construction and after ruling.

Source text: The parties, if they think it necessary, should set times in the schedule for reducing the number of asserted claims and asserted prior art used for anticipation and obviousness combinations. The usual points where the Court will consider such limits are before claim construction and after a ruling on claim construction.

Parties must exchange claim construction lists but not file them with the Court.

Source text: shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s)3. This document will not be filed with the Court.

Discovery disputes are referred to magistrate judge, but referral is optional.

Source text: This matter is referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. (This referral is optional, and should be deleted unless all parties agree to it.)