District of Delaware Document Filing Requirements

Applies to

Proposed order

Must include

caption

Proposed e-orders must include all related docket numbers in the caption when uploaded.

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Applies to

Proposed order

Exhibits to proposed orders must be uploaded as separate attachments, not embedded in the proposed order document.

Additionally, all exhibits to the proposed order must be uploaded as separate attachments.

Applies to

Revised proposed order

Revised proposed orders must be submitted to the Court in both clean (unredlined) and redline (tracked changes) form.

If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing.

Applies to

Agenda

Agendas for in-person proceedings must include specified language regarding attendance, remote participation, and registration requirements.

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Applies to

Agenda

Agendas for remote proceedings must include specified language regarding remote participation method, expectations, and registration requirements.

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by [4:00 p.m. (Eastern time) the business day before / one-hour prior to] the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Applies to

Proposed order

Must include

case number

Proposed electronic orders must include all related docket numbers in the caption.

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Applies to

Proposed order

Revised proposed order under CoC must include statement of approval and attach redline.

When submitting a revised proposed order under CoC, the CoC must state whether the revised form of order has been reviewed and approved by all parties affected by the order and the U.S. Trustee; and attach a redline revised proposed order reflecting all revisions to the proposed order originally submitted with the pleading.

Applies to

Agenda

Agenda status must indicate if matter is going forward, continuance requested, objections resolved, witness presentation expected, and counsel must consult parties.

The "status" of a matter listed on an agenda must indicate whether the matter is going forward, whether a continuance is requested (and whether such continuance is opposed), whether any or all of the objections have been resolved and any other pertinent status information, including whether the presentation of witness(es) is expected, and, if so, the identity of the witness(es), and the party presenting the witness(es). Counsel responsible for submitting the agenda must consult with other parties in interest to identify any witness(es) that will be presented.

Applies to

Proposed order

Counsel must provide revised clean and redline form of order at least 2 hours prior to hearing.

If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.

Applies to

Witness intention

Parties must file intention to call witnesses at least 48 hours prior to hearing, including identity and scope; witnesses must be noted on agenda.

If parties intend to call witnesses at a hearing, they must file their intention to do so at least forty-eight (48) hours prior to the hearing. The filing must contain the identity of each witness and the scope of the testimony. In addition, witnesses must be noted on the hearing agenda.

Applies to

Agenda

Agendas for in-person proceedings must include specific language about in-person conduct and registration requirements.

Agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Applies to

Agenda

Agendas for remote proceedings must include specific language about remote conduct and registration requirements.

Agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Applies to

Motion for shortened notice

Motion for shortened notice must include an averment of Delaware counsel per Del. Bankr. L.R. 9006-1(e).

The motion requesting shortened notice must include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).

Applies to

Foreign language document

Foreign language documents must include English translation and certificate of translation.

Any foreign language document offered by a party in a case must be accompanied by an English language translation and a certificate of translation.

Applies to

Sealed document

Sealed documents in binders must be stamped 'Filed Under Seal' and printed on color paper.

Documents filed under seal should be stamped “Filed Under Seal” and printed on color paper.

Applies to

Proposed order

Must include

caption, case number

Orders must reference the related docket number(s) in the case caption.

Orders must reference the related docket number(s) in the case caption and include 4 inches of blank space at the end of the order for the Judge's signature and date.

Applies to

Proposed order

Exhibits to a proposed order must be uploaded separately as attachments.

Exhibits to a proposed order must be uploaded separately as "Attachments to Document."

Applies to

Notice of settlement

Counsel must file a notice of settlement or notice of adjournment of trial if matter resolved.

If a matter has settled or otherwise been resolved, counsel must file a notice of settlement or notice of adjournment of trial.

Applies to

Pleading

When citing unpublished ruling, attach copy as exhibit.

When filing a pleading that cites to a ruling that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be attached to the pleading as an exhibit.

Applies to

Financial document

Foreign currency figures must include U.S. Dollar value with date and exchange rate; budgets must append converted version; currency must be adequately identified.

Any monetary figure reported in a currency other than U.S. Dollars that is submitted to the Court must be accompanied by the value of such monetary figure in U.S. Dollars as of a specified date and exchange rate. For budgets and financial statements, the U.S. Dollar-converted budget or statement shall be appended to any foreign-currency version and specify the exchange rate and date of conversion. The foreign currency must also be adequately identified (e.g., 'pesos' is insufficient, but 'Mexican Pesos' or 'MXN' is sufficient).

Applies to

Agenda

Agendas for in-person court proceedings must include specified text regarding in-person attendance requirements, remote participation options, and references to relevant chambers procedures and court eCourt appearance resources.

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Owens’s expectations of remote

Applies to

Agenda

All remote proceeding agendas must include specified content about the Zoom proceeding, participation methods, judge’s expectations, and registration requirements.

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Owens’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-karen-b-owens) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Owens’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

Applies to

Proposed order

Must include

case number

All related docket numbers must be included in the caption of the proposed e-order upon upload.

All related docket numbers must be included in the caption of the proposed e-order when uploaded.

Applies to

Agenda

All hearing agendas must include hyperlinks to all referenced filings.

Agendas shall contain a hyperlink to all referenced filings.

Applies to

Omnibus binder

Omnibus/other hearing binders must not include filings for continued or resolved matters.

The binders shall NOT contain filings for continued or resolved matters.

Applies to

Omnibus binder

All filings included in omnibus/other hearing binders must reference the docket number and date filed.

All filings shall reference the docket number and date filed.

Applies to

Cno coc binder

Separate CNO/COC binders are prohibited for omnibus hearing matters, except for retention applications, unless the Court directs otherwise.

With the exception of retention applications, Counsel shall NOT send a separate CNO/COC Binder for matters scheduled for an omnibus hearing unless the Court directs otherwise.

Applies to

Fee application binder

Fee application binders must fully comply with Local Rule 9029-3.

The binder must otherwise fully comply with Local Rule 9029-3.

Applies to

Omnibus objection proof of claim binder

Omnibus objection proof of claim binders must fully comply with Local Rule 3007-1.

The binder must otherwise fully comply with Local Rule 3007-1.

Applies to

Completion of briefing binder

Binders delivered with a Notice of Completion of Briefing in an adversary proceeding must include copies of the motions/briefs identified in the Notice, relevant pleadings, and any request for oral argument.

A Notice of Completion of Briefing filed in an adversary proceeding shall be delivered to chambers together with one binder including copies of the motions/briefs identified in the Notice, the relevant pleadings, and any request for oral argument.

Applies to

Scheduling order

A Scheduling Order must be presented following the preliminary hearing for initial scheduling conferences in adversary proceedings.

A preliminary hearing will be held and a Scheduling Order shall be presented.

Applies to

Zoom hearing

Appropriate conduct and attire required for Zoom hearings; no recording or broadcasting allowed.

A Zoom hearing is an official court proceeding. Appropriate conduct and courtroom attire is required. Disruptions or inappropriate behavior may result in removal. Under no circumstances may any Zoom participant photograph, record, or broadcast the proceedings or the participants.

Applies to

Witness exhibit list

Witness and exhibit list filings must include witness identity, scope of testimony, and exhibit list with docket index numbers.

The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).

Applies to

Hearing agenda

Chambers must be emailed a virtual hyperlinked hearing agenda and a zip file of PDF copies of relevant filings.

Please email chambers a virtual, hyperlinked hearing agenda and a .zip file containing .pdf copies of all relevant filings.

Applies to

Amended agenda

If a hearing is canceled or changed, an amended agenda must be promptly filed to inform other parties.

If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.

Applies to

Agenda

Agendas for in-person proceedings must state that the proceeding is in-person and counsel/witnesses are expected to attend unless permitted to appear remotely.

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom.

Applies to

Witness exhibit binder

Counsel must provide each witness with a physical exhibit binder containing all exhibits to be used during direct examination.

Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.

Applies to

Claims binder

Chambers must be provided with a binder containing copies of all proofs of claim with attachments and objections.

Please provide chambers with a binder containing copies of all proofs of claim (with all attachments) along with the objection to those claims.

Applies to

Notice of completion of briefing

Notices of Completion of Briefing must be filed with hyperlinks to all relevant pleadings.

Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.

Applies to

Motion

Must include

proposed order

Motions must include the proposed form of order as an exhibit.

please attach, as an exhibit, the proposed form of order.

Applies to

Motion

Must include

exhibit list

Motions or briefs citing out-of-jurisdiction rulings not available on Lexis/Westlaw must include a copy of the ruling as an exhibit.

When filing a motion or brief that cites to a ruling from a court outside this jurisdiction that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be provided to the Court as an exhibit.

Applies to

Motion

Must include

local rule certificate

Motions for pro hac vice admission must comply with Local Form 105.

Motions for pro hac vice must comply with Local Form 105.

Applies to

Amended agenda

File an amended agenda promptly if a hearing is canceled or changed.

If a hearing is canceled or changed, counsel should promptly file an amended agenda to inform other parties-in-interest of the change.

Applies to

Motion to shorten notice

Motion to shorten notice must include averment of Delaware counsel.

The motion requesting shortened notice shall include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e).

Applies to

Witness and exhibit list

Must include

witness identity, scope of testimony, exhibit list with docket index

Witness and exhibit list must include witness identity, scope of testimony, and exhibits with docket index numbers.

The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits, with reference to the applicable docket index number (if there is one).

Applies to

Remote witness request

Must include

explanation of need

Remote witness requests must include an explanation of why Zoom appearance is warranted.

All requests for remote participation by witnesses must be emailed to chambers (copying all affected parties) by no later than 4:00 p.m. (Eastern time) three business days prior to the hearing and explain why the extraordinary relief of permitting a witness to appear by Zoom should be granted.

Applies to

Agenda

In-person hearing agendas must include specific language about in-person conduct and registration deadline.

All agendas for in-person proceedings must include the following: This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.

Applies to

Agenda

Remote hearing agendas must include specific language about remote conduct and registration deadline.

All agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Horan’s Chambers Procedures and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Horan’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before [or, for a first day hearing, one-hour prior to] the hearing unless otherwise noticed using the eCourt Appearances tool available on the Court’s website.

Applies to

Agenda

Must include

hyperlinks to pleadings

Agendas must include hyperlinks to all relevant pleadings.

Agendas must contain hyperlinks to all relevant pleadings.

Applies to

Witness exhibit binder

Must include

physical copy, all exhibits for direct examination

Counsel must provide each witness with a physical exhibit binder containing all exhibits for direct examination.

Counsel shall provide each witness with a physical copy of an exhibit binder, containing all exhibits that counsel intends to use during any direct examination of a witness.

Applies to

Notice of completion of briefing

Notices of Completion of Briefing must include hyperlinks to all relevant pleadings.

Notices of Completion of Briefing must be filed containing hyperlinks to all relevant pleadings.

Applies to

Certificate of no objection

Must include

proposed order

When filing a certificate of no objection or certification of counsel, attach the proposed order as an exhibit.

When filing a certificate of no objection or certification of counsel, please attach, as an exhibit, the proposed form of order.

Applies to

Motion for pro hac vice

Pro hac vice motions must comply with Local Form 105.

Motions for pro hac vice must comply with Local Form 105.

Applies to

Caption

Caption must include 'ANDA CASE' below the civil action number.

The Caption shall be modified to include the words "ANDA CASE" immediately below the Civil Action Number.

Applies to

Preliminary disclosure of asserted claims

Plaintiff must serve a Preliminary Disclosure of Asserted Claims listing claims and statutory subsections, with a limit of ten claims per patent and 32 claims total per defendant, unless otherwise agreed.

Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted. Unless otherwise agreed to by the parties, Plaintiff(s) may assert no more than ten claims of any one patent and no more than 32 claims in total against any one Defendant.

Applies to

Noninfringement contentions

Noninfringement Contentions must include a claim chart identifying claim limitations and produce supporting documents.

“Noninfringement Contentions” that shall set forth any defense of noninfringement and include a claim chart that identifies each claim at issue in the case, each limitation of each claim at issue, and any and all claim limitations that are literally absent from the Abbreviated New Drug Application(s) or New Drug Application(s) accused of infringement. Defendant(s) shall produce with the Noninfringement Contentions any document or thing that Defendant(s) intend(s) to rely upon in defense of any infringement allegations by Plaintiff(s).

Applies to

Invalidity contentions

Invalidity Contentions must identify prior art references (max 12 per patent, 30 total), specify identification details, and explain anticipation/obviousness.

“Invalidity Contentions” that shall contain the following information: (a) The identity of no more than 12 prior art references for any one patent and no more than 30 prior art references in total that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious (the “Preliminary Disclosure of Asserted Prior Art”). Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, and, where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity(ies) of the person(s) or entity(ies) that made the use or made and received the offer, or the person(s) or entity(ies) that made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identity(ies) of the person(s) or entity(ies) involved in and the circumstances surrounding the making of the invention before the patent applicant(s); (b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;

Applies to

Brief

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

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.

Applies to

Protective order

Proposed protective orders must include a specific paragraph regarding other proceedings.

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 the 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.

Applies to

Motion

The motion filed with the discovery dispute pre-motion letter must be no more than one paragraph.

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

Applies to

Brief

Must include

word count

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

Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above. The person who prepares the certification may rely on the word count of the word-processing system used to prepare the brief.

Applies to

Motion

Each party must file a Motion for Claim Construction with no argument, simply requesting adoption of its positions.

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. 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 Chart (D.I. [ ]).”

Applies to

Motion

Must include

certificate of conference

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

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

Applies to

Disclosure statement

Parties that are nongovernmental joint ventures, LLCs, partnerships, or LLPs must include in their Rule 7.1 disclosure statement the name of every owner, member, and partner, going up the chain of ownership until all individuals and corporations with a direct or indirect interest are identified.

it is HEREBY ORDERED in all cases assigned to Judge Connolly where a party is a nongovernmental joint venture, limited liability corporation, partnership, or limited liability partnership, that the party must include in its disclosure statement filed pursuant to Federal Rule of Civil Procedure 7.1 the name of every owner, member, and partner of the party, proceeding up the chain of ownership until the name of every individual and corporation with a direct or indirect interest in the party has been identified.

Applies to

Certificate

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

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.

Applies to

Certificate

Must include

local rule certificate

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

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;

Applies to

Third party funding disclosure

Statement must include funder identity/address/place of formation, whether funder approval is needed for litigation/settlement decisions, and a brief description of the funder's financial interest.

a. The identity, address, and, if a legal entity, place of formation of the Third-Party Funder(s); b. Whether any Third-Party Funder's approval is necessary for litigation or settlement decisions in the action, and if the answer is in the affirmative, the nature of the terms and conditions relating to that approval; and c. A brief description of the nature of the financial interest of the Third-Party Funder(s).

Applies to

Brief

Must include

word count

Each submission must include a certification of the total word count.

A certification as to the total number of words must be included in any submission.

Applies to

Brief

Each filing must include a certification that it complies with the type, font, and word limitations of this Order.

Each such filing must include a certification by counsel that the filing complies with the type, font, and word limitations set forth in this Order.

Applies to

Joint claim construction brief

Must include

citations to intrinsic evidence

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

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

Applies to

Initial disclosure

Must include

certificate of service

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

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.

Applies to

Invalidity contentions

Must include

prior art identification, 35 usc 102 f identification, 35 usc 102 g identification

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

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:

Applies to

Briefing

Must include

pinpoint citations

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

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.

Applies to

Joint appendix

Must include

appendix materials

Materials for appendix must be submitted in Joint Appendix.

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

Applies to

Discovery dispute letter

Must include

party position, issues in dispute

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

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.

Applies to

Joint claim construction chart

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

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

Applies to

Claim construction brief

Must include

local rule certificate

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

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

Applies to

Joint claim construction brief

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

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

Applies to

Joint claim construction brief

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

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.

Applies to

Declaration

Declarations cannot contain legal argument or circumvent word limits.

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

Applies to

Meet and confer letter

Must include

duration, participant names, meet and confer method

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

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.

Applies to

Oral argument

Must include

time limit per side

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

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.

Applies to

Summary judgment motion

Must include

concise statement of facts

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

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).

Applies to

Jury instructions

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

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.

Applies to

Brief

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

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.

Applies to

Claim construction chart

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

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

Applies to

Claim construction chart

Must include

proposed order

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

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.

Applies to

Brief

Must include

word count

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

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

Applies to

Motion

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

(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).

Applies to

Motion

Must include

local rule certificate

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

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

Applies to

Initial disclosures

Must include

certificate of service

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

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.

Applies to

Disclosure of asserted claims

Must include

certificate of service

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

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."

Applies to

Briefing

Must include

pinpoint citations

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

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

Applies to

Claim construction brief

Must include

certificate section

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

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

Applies to

Declaration

Declarations cannot contain legal arguments or circumvent briefing word limits.

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

Applies to

Joint claim construction brief

Must include

compliance with order

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

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

Applies to

Amended joint claim construction chart

Must include

meet and confer letter

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

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.

Applies to

Joint letter

Must include

testimony approval request

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

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.

Applies to

Expert report

Must include

reply report, initial disclosure, supplemental disclosure

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

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

Applies to

Concise statement

Must include

exhibits

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

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).

Applies to

Summary judgment motion

Must include

certificate of service

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

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.

Applies to

Jury documents

Must include

proposed voir dire, special verdict forms, final jury instructions +1 more

Jury-related documents due 21 days before pretrial conference

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].

Applies to

Letter

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

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.

Applies to

Motion

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

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

Applies to

Brief

Must include

word count

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

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

Applies to

Motion

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

(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.

Applies to

Concise statement

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

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).

Applies to

Motion

Must include

local rule certificate

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

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

Applies to

Motion

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

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

Applies to

Exhibits

Must include

notice of electronic filing

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

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.

Applies to

Certification of diversity jurisdiction

Parties in diversity cases must file a Certification of Diversity Jurisdiction within 14 days, identifying all owners, members, and partners up the chain of ownership.

that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction in which the party identifies the name and citizenship of every owner, member, and partner of every party to the case that is a joint venture, limited liability corporation, partnership, or limited liability partnership, proceeding up the chain of ownership until the name and citizenship of every individual and corporation with a direct or indirect interest in every party has been identified.

Applies to

Summary judgment motion

Must include

caption, judge name, case number

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

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.

Applies to

Initial disclosure

Must include

certificate of service

Initial disclosures required within 5 days of order entry.

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.

Applies to

Motion to amend

Must include

certificate of service

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

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

Applies to

Technology tutorial

Must include

joint submission

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

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.

Applies to

Joint claim construction chart

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

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.

Applies to

Joint claim construction chart

Must include

patents in issue, intrinsic record portions

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

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.

Applies to

Joint claim construction brief

Must include

caption, judge name, case number

Joint Claim Construction Brief must be filed by specified deadline

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

Applies to

Pretrial order

Must include

joint proposed final

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

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.

Applies to

Motion

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

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.

Applies to

Motion to strike

Motions to strike must attach the document to be stricken.

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

Applies to

Letter

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

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

Applies to

Joint claim construction brief

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

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.

Applies to

Letter

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

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

Applies to

Pretrial order

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

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

Applies to

Motion

Must include

local rule certificate

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

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

Applies to

Protective order

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

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.

Applies to

Initial disclosure

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

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.

Applies to

Patent disclosure

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

(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.

Applies to

Technical disclosure

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

(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).

Applies to

Claim chart

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

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

Applies to

Motion to amend

Must include

blackline comparison, proposed amended pleading

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

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.

Applies to

Motion to strike

Must include

document to be stricken

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

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

Applies to

Technology tutorial

Joint technology tutorial limited to 30 minutes.

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

Applies to

Claim construction brief

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

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 .

Applies to

Joint claim construction brief

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

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.

Applies to

Case dispositive motion

Must include

local rule certificate

Case dispositive motions must follow local rules for briefing.

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

Applies to

Summary judgment motion

Must include

concise statement

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

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.

Applies to

Summary judgment motion

Summary judgment motions must be accompanied by a concise statement of facts.

Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed six (6) pages

Applies to

Proposed pretrial order

All in limine requests and responses must be included in the proposed pretrial order.

All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Applies to

Motion in limine

Each side is limited to 3 in limine requests.

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

Applies to

Discovery dispute letter

Must include

proposed order

Moving party must file a letter (max 3 pages, 12-point font) at least 72 hours before the discovery conference, with exhibits including a proposed order and discovery requests/responses.

On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall 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.

Applies to

Motion

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

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.

Applies to

Summary judgment concise statement

Moving party's concise statement of material facts must use separate numbered paragraphs with specific record citations.

Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.

Applies to

Non dispositive motion

Must include

local rule certificate

Applications must be by written motion; non-dispositive motions must include Local Rule 7.1.1 statement.

Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion must contain the statement required by Local Rule 7.1.1.

Applies to

Proposed pretrial order

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

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

Applies to

Discovery dispute letter

Must include

proposed order

Discovery dispute letters must include a proposed order and, if applicable, the disputed discovery requests and responses.

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; 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.

Applies to

Motion to amend

Motions to amend must attach the proposed amended pleading and a blackline comparison to the prior pleading.

Any motion to amend shall attach the proposed amended pleading as well as a “blackline” comparison to the prior pleading.

Applies to

Motion to strike

Motions to strike must attach the document sought to be stricken.

Any motion to strike shall attach the document sought to be stricken.

Applies to

Joint claim construction chart

Joint Claim Construction Chart must identify disputed terms and include each party's proposed construction with citations only to intrinsic evidence, with additional explanation for 'plain and ordinary' meaning proposals.

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. If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is and how it differs from the other party’s proposed construction.

Applies to

Claim construction brief

Claim construction briefs must include a table of disputed terms, explain plain meaning if proposed, explain relevance, and include a joint appendix; general summaries of law are prohibited.

For each term in dispute, there should be a table setting forth the term in dispute and the parties' competing constructions. If a party proposes a construction of a term to be its "plain and ordinary" meaning, the party must explain what that meaning is and how it differs from the other party's proposed construction. The parties' briefing must also explain how resolution of the dispute is relevant to an issue in the case. The parties need not include any general summaries of the law relating to claim construction. The parties shall include a joint appendix that contains a copy of the patent(s) at issue, all relevant intrinsic evidence, and any other evidence cited in the parties' briefing.

Applies to

Joint claim construction chart

The amended Joint Claim Construction Chart must be accompanied by a letter detailing the meet and confer participants, timing, method, duration, and any agreements reached.

The amended Joint Claim Construction Chart shall be filed with a letter identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred, and how long it lasted. If no additional agreements on constructions were reached or if no dispute was narrowed, the letter shall so state.

Applies to

Joint letter

The joint letter must state whether testimony is requested and the time allocation requested.

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.

Applies to

Joint letter

The joint letter must contain an interim report on the nature of issues and discovery progress.

On __________, 20___, 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.

Applies to

Motion to amend

Motions to amend must attach the proposed amended pleading and a blackline comparison.

Any motion to amend shall attach the proposed amended pleading as well as a 'blackline' comparison to the prior pleading.

Applies to

Motion to strike

Motions to strike must attach the document sought to be stricken.

Any motion to strike shall attach the document sought to be stricken.

Applies to

Motion for summary judgment

Summary judgment motions must be accompanied by a concise statement of facts.

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...

Applies to

Joint certification

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

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.

Applies to

Case management statement

Signing the Rule 16 statement certifies review of and compliance with Judge Wolson's Policies and Procedures, including email-chambers keyword rules; non-compliant pleadings and submissions will be stricken.

By signing below, counsel for each Party and/or each pro se Party represents that he or she has reviewed the Judge's Policies and Procedures and acknowledges the requirements contained therein, including the Policies governing keywords to use when emailing Chambers. The Parties and their counsel further acknowledge by signing below that Judge Wolson will strike pleadings and other submissions that do not comply with his Policies and Procedures.

Applies to

Additional submissions

No additional submissions (brief, letter, notice, or otherwise) are permitted, except to notify the Court of subsequent binding authority.

Parties may not make additional submissions, whether captioned as a brief, a letter, a notice, or anything else, other than to notify Judge Wolson of subsequent binding authority.

Applies to

Summary judgment motion

Summary judgment motions must be accompanied by a jointly prepared consolidated statement of facts and a joint set of cited exhibits.

A summary judgment motion must be accompanied by (a) a single, consolidated statement of facts that the parties will prepare jointly and that will be separately filed on the docket and (b) a joint set of all exhibits cited in the statement of facts.

Applies to

Response to statement of facts

A responding party's statement of facts response must respond to each factual assertion directly under the original paragraph with citations/argument and include any additional facts for summary judgment briefing.

At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Applies to

Motion for summary judgment

Summary judgment movant must file consolidated statement of facts and joint exhibits conforming to Section I.C.

The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures.

Applies to

Motion for summary judgment

If summary judgment motion or opposition includes expert admissibility arguments, party must file a separate Daubert motion.

If a party's motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. The argument must be the subject of a separate motion.

Applies to

Brief

Parties may not incorporate arguments by reference; must include substance in the brief.

Parties may not incorporate by reference arguments from other briefs in the case, including briefs filed by other parties or briefs filed earlier in the case. If a party needs to repeat an argument that was made earlier in the case, then that party must include the substance of the argument in the brief. If a party purports to incorporate an argument by reference, Judge Wolson will not consider the argument.

Applies to

Motion for reconsideration

Parties may not respond to a motion for reconsideration without a court order.

Parties shall not respond to a motion for reconsideration absent a Court Order.

Applies to

Discovery motion

Discovery motions must attach the discovery requests at issue and the corresponding written response.

All discovery motions must attach the discovery requests at issue, as well as the written response.

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions require a certificate detailing informal resolution efforts, including verbal communications; letters or emails are insufficient and non-compliance results in denial.

In filing a discovery motion, the certificate of counsel must provide specific details of the parties’ efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” Judge Wolson will deny a discovery motion that does not meet these requirements.

Applies to

Motion

Must include

local rule certificate

All motions must contain the certification required under Local Civil Rule 26.1(f).

All motions must contain the certification required under Local Civil Rule 26.1(f).

Applies to

Motion

Requests for protective orders or confidentiality agreement approvals must be made by motion; stipulated proposed orders are not accepted in lieu of a motion.

Any request for a protective order or approval of a confidentiality agreement must be made by motion. Judge Wolson will not accept stipulated proposed orders in lieu of a motion.

Applies to

Motion

Motions for protective orders or confidentiality agreements must satisfy the requirements of Avandia and Pansy.

All such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d 772 (3d Cir. 1994).

Applies to

Pretrial memorandum

Pretrial memoranda must include all matters set forth in LR 16.1 and the party's position on trial time limits.

When a party submits a pretrial memorandum, it must include all matters set forth in Local Rule of Civil Procedure 16.1, as well as its position on whether Judge Wolson should impose time limits on each side's trial presentation and, if Judge Wolson does impose a time limit, what that limit should be.

Applies to

Settlement agreement

To retain jurisdiction to enforce a settlement, parties must place the agreement on the docket or include all material terms in a stipulation of dismissal.

If the parties want Judge Wolson to retain jurisdiction to enforce a settlement, they must place the agreement on the docket or include all material terms in a stipulation of dismissal.

Applies to

Sentencing memorandum

The Government's sentencing memorandum must include restitution details, including victim names/addresses, loss amounts, documentary support, and itemization for joint and several liability.

If a defendant is responsible for restitution, then the Government must submit information in its sentencing memorandum to enable Judge Wolson 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, then the Government shall itemize the restitution amount for which each defendant is responsible.

Applies to

Appendix

Rule 56 appendices must include a table of contents.

The appendix shall include a table of contents.

Applies to

Filing referencing website

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

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

Applies to

Pro hac vice motion

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

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.

Applies to

Affidavit

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.

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.

Applies to

Filing

All filings must be signed by local counsel.

Judge Kearney requires local counsel sign all filings.

Applies to

Rule 26f joint report

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.

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.

Applies to

Threshold motion

Must include

certificate of conference

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

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;

Applies to

Motion to amend pleading

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

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.

Applies to

Amended pleading

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

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.

Applies to

Motion

Must include

proposed order

Contested continuance motions must include a proposed order.

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.

Applies to

Discovery motion

Must include

certificate of conference

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

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.

Applies to

Discovery motion

Must include

proposed order

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

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.

Applies to

Discovery motion

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

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

Applies to

Discovery motion

Must include

proposed order

Discovery motions must be accompanied by a proposed order.

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.

Applies to

Discovery motion

Must include

certificate of service

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.

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.

Applies to

Motion

Must include

memorandum, proposed order

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.

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.

Applies to

Opposition

Must include

proposed order

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

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

Applies to

Motion

Must include

statement of opposition

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.

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.

Applies to

Post trial motion

Must include

local rule certificate

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

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.

Applies to

Statement of material facts

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

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.

Applies to

Appendix

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

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.

Applies to

Appendix

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

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

Applies to

Appendix

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

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.

Applies to

Pretrial memorandum

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

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.

Applies to

Opposition

Oppositions to motions in limine must be in memoranda form.

Oppositions shall be in memoranda form.

Applies to

Proposed jury instructions

Proposed jury instructions must include a table of contents.

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.

Applies to

Case dispositive motion

Must include

certificate of service

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

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.

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Guilty plea agreement

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

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

Applies to

Guilty plea memorandum

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

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.

Applies to

Trial memorandum

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

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.

Applies to

Psi objections

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

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.

Applies to

Sentencing motion memorandum

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

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.

Applies to

Sentencing memorandum

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

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.

Applies to

Sentencing memorandum

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

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.

Applies to

Suppression motion response

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

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.

Applies to

Response

Must include

position on evidentiary hearing

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

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.

Applies to

Joint claim construction chart

Intrinsic evidence must not be attached to the joint claim construction chart; instead, a joint appendix containing the patent and intrinsic evidence must be filed with the joint claim construction brief.

1. 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 that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing;

Applies to

Joint claim construction chart

All joint claim construction charts must follow the sample form posted on Judge Noreika's website.

2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf.

Applies to

Motion to amend or strike

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

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

Applies to

Joint claim construction chart

Joint Claim Construction Chart must identify disputed terms and proposed constructions with intrinsic evidence citations only; intrinsic evidence must not be attached.

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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart

Applies to

Non dispositive motion

Must include

certificate of conference

Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

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

Applies to

Submission

Must include

word count

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

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.

Applies to

Motion

Must include

local rule certificate

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

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.

Applies to

Local rule 7 1 1 statement

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

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.

Applies to

Amended pleading

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

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.

Applies to

Stipulation or motion

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

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

Applies to

Trial exhibit list

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

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

Applies to

Trial exhibit

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

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.

Applies to

Deposition designations submission

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.

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.

Applies to

Deposition designation transcript

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

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.

Applies to

Post trial initial brief

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

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.

Applies to

Post trial brief

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

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

Applies to

Post trial brief

Appendices are prohibited in post-trial briefs.

No appendices shall be submitted with post-trial briefs.

Applies to

Post trial submission

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

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

Applies to

Post trial submission

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

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

Applies to

Trial exhibits

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

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:

Applies to

Post trial briefs

No appendices allowed with post-trial briefs.

No appendices shall be submitted with post-trial briefs.

Applies to

Motion

Must include

local rule certificate

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

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.

Applies to

Amended pleading

Must include

redlined version

Redlined version of amended pleadings must be provided to Court.

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.

Applies to

Trial exhibit list

Must include

ao form 187

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

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

Applies to

Witness notebooks

Must include

copies for judge, copies for witness, copies for law clerk +1 more

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

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

Applies to

Transcript of designations

Must include

two copies for court, one copy for court reporter

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

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.

Applies to

Evidentiary disputes

Must include

raise disputes before exhibit offer, raise disputes before demonstrative use, raise disputes before witness testimony +1 more

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

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.

Applies to

Pretrial order

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

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.

Applies to

Deposition objections

Must include

copy of entire deposition testimony, offering partys response to objection, brief indication of basis for objection +3 more

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

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.

Applies to

Deposition procedures

Must include

compliance required, waiver of objection for non compliance, waiver of deposition testimony for non compliance

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

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.

Applies to

Deposition testimony

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

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

Applies to

Witness examination

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

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

Applies to

Post trial briefing

Must include

conform to d del lr 7 1 3

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

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

Applies to

Proposed findings of fact

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

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.

Applies to

Pretrial order

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

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

Applies to

Post trial briefing

Must include

only admitted trial exhibits

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

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

Applies to

Post trial briefing

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

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

Applies to

Post trial submissions

Must include

specifically address admitted trial exhibits

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

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

Applies to

Pretrial order

Pretrial Orders must include a table of contents and numbered paragraphs.

All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered;

Applies to

Joint discovery letter

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

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]

Applies to

Proposed protective order

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

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.

Applies to

Letter

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

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.

Applies to

Letter

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

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.

Applies to

Letter

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

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.

Applies to

Non dispositive motion

Must include

local rule certificate

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

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

Applies to

Pretrial order

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

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.

Applies to

Motions in limine

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

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

Applies to

Motions in limine

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

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

Applies to

Letter brief

Must include

proposed order

Proposed order and discovery exhibits required with letter brief

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.

Applies to

Letter brief

Sworn declarations required for disputed factual issues

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.

Applies to

Motion to amend

Must include

blackline comparison, proposed amended pleading

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

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.

Applies to

Joint claim construction brief

Must include

filing required

Parties must file Joint Claim Construction Brief by specified date.

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

Applies to

Motion to strike

Must include

document to be stricken

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

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.

Applies to

Motion to stay

Must include

letter

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

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.

Applies to

Joint claim construction chart

Must include

word format, email submission

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

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

Applies to

Joint claim construction brief

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

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:

Applies to

Joint claim construction chart

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

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.

Applies to

Joint claim construction chart

Must include

patent copies, intrinsic record portions

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

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.

Applies to

Joint claim construction chart

Joint Claim Construction Chart must not include argument.

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

Applies to

Motion for claim construction

Must include

caption, judge name, case number +2 more

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

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. [ ]).”

Applies to

Joint letter submission

Must include

caption, judge name, case number +3 more

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

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.

Applies to

Letter

Must include

proposed order

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

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.

Applies to

Motion

Must include

caption

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

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. [ ])."

Applies to

Letter

Must include

caption

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

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.

Applies to

Non dispositive motion

Must include

local rule certificate

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

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

Applies to

Pretrial order

Must include

witness list

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

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

Applies to

Pretrial order

Must include

expert witness subject matter

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

[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.]

Applies to

Pretrial order

Must include

expert witness subject matter

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

[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.]

Applies to

Pretrial order

Must include

deposition objections, deposition designations

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

[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.

Applies to

Pretrial order

Must include

deposition objection submission

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

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

Applies to

Deposition transcript

Must include

chambers copy

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

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.

Applies to

Exhibit

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

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.

Applies to

Deposition

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

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.

Applies to

Demonstrative exhibit

Must include

exchange deadline

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

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.

Applies to

Demonstrative exhibit

Must include

exchange deadline

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

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.

Applies to

Demonstrative exhibit

Must include

objection procedure

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

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.

Applies to

Demonstrative exhibit

Must include

waiver provision

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

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.

Applies to

Pretrial order

Must include

motions in limine

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

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

Applies to

Motion

Must include

proposed order

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

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

Applies to

Proposed findings conclusions

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

No separate Conclusions of Law shall be filed.

Applies to

Pretrial order

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

[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.]

Applies to

Opening letter brief

Must include

proposed order

Movant's opening letter brief must include proposed order, discovery requests/responses, and sworn declarations if factual issues disputed.

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.

Applies to

Motion

Parties must file a joint motion for teleconference to resolve protective order disputes, with suggested text available on the court's website.

The parties shall also file a "Joint Motion For Teleconference To Resolve Protective Order Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Joint Motion to Resolve Protective Order Dispute."

Applies to

Motion to amend

Motions to amend must include a letter with proposed amended pleading and blackline, and must not include an opening brief.

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.

Applies to

Motion to strike

Motion to strike must be accompanied by a letter instead of an opening brief and must attach the document to be stricken.

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.

Applies to

Motion to stay

Motion to stay must be accompanied by a letter instead of an opening brief.

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.

Applies to

Leave motion

Reply briefs are prohibited for leave motions.

No reply briefs shall be filed.

Applies to

Summary judgment motion

Summary judgment motion must be accompanied by a separate concise statement.

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

Applies to

Non dispositive motion

Must include

certificate of conference

Non-dispositive motions must include a certificate of conference as required by Local Rule 7.1.1.

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

Applies to

All

Must include

certificate of service

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

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.

Applies to

Letter brief

Must include

relief sought

Moving party must clearly state relief sought in letter brief.

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

Applies to

Letter brief

Must include

proposed order

Moving party must attach proposed order with relief details.

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.

Applies to

Exhibit

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

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.

Applies to

Letter brief

Must include

discovery requests, relevant responses

Moving party must attach relevant discovery requests and responses.

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.

Applies to

Letter brief

Responding party must attach additional relevant discovery materials.

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.

Applies to

Letter

Must include

proposed order

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

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.

Applies to

Letter

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

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.

Applies to

Discovery plan

Must include

caption, judge name, case number

All fact discovery must be completed by specified date.

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

Applies to

Final contentions

Must include

caption, judge name, case number

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

(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).

Applies to

Disclosure

Must include

caption, judge name, case number

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

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.

Applies to

Disclosure

Must include

caption, judge name, case number

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

(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).

Applies to

Infringement contentions

Must include

caption, judge name, case number

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

(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],

Applies to

Invalidity contentions

Must include

caption, judge name, case number

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

(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.

Applies to

Discovery plan

Must include

caption, judge name, case number

Document production must be substantially complete by specified date.

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

Applies to

Expert report

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

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.

Applies to

Motion

Must include

expert declarations prohibited

Expert declarations not permitted with motions briefing.

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

Applies to

Daubert motion

Daubert objections must be made by dispositive motion deadline.

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.

Applies to

Expert discovery

Expert discovery must be completed by [DATE].

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

Applies to

Discovery motion

Must include

must follow procedures

Discovery motions must follow specific procedures or be denied.

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

Applies to

Motion to amend

Must include

proposed order, redline comparison

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

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.

Applies to

Joint claim construction brief

Must include

joint appendix, patents included, intrinsic evidence included

Joint appendix must include patents and relevant intrinsic evidence.

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.

Applies to

Summary judgment motion

Must include

concise statement of facts

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

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.

Applies to

Summary judgment opposition

Must include

concise statement response

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

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.

Applies to

Summary judgment opposition

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

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.

Applies to

Summary judgment reply

Must include

concise statement response

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

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.

Applies to

Jury instructions

Must include

joint proposed versions

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

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.

Applies to

Motion to seal

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

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.

Applies to

Discovery motion

Must include

proposed order

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

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

Applies to

Motion

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

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.

Applies to

Proposed order

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

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.

Applies to

Pretrial order

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

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

Applies to

Case dispositive motion

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

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.

Applies to

Motion

Must include

local rule certificate

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

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

Applies to

Motion

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

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

Applies to

Initial disclosure

Must include

certificate of service

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

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.

Applies to

Motion to join party

Must include

proposed order, certificate of service

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

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

Applies to

Motion for sealing redaction

Must include

proposed order, certificate of service

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

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.

Applies to

Proposed protective order

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

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.

Applies to

Letter

Must include

proposed order

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

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

Applies to

Motion

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

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.

Applies to

Brief

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

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.

Applies to

Motion

Must include

local rule certificate

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

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

Applies to

Pretrial order

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

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

Applies to

Pretrial order

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

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

Applies to

Non dispositive motion

Must include

certificate of conference

Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

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

Applies to

Protective order

Any proposed protective order must include a paragraph regarding other proceedings.

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.

Applies to

Letter

Must include

proposed order

Pre-motion letters must include a proposed order and copies of disputed discovery requests and responses.

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; 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.

Applies to

Motion to amend

Motions to amend must attach the proposed amended pleading and a redline comparison.

Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.

Applies to

Motion to strike

Motions to strike must attach the document sought to be stricken.

Any motion to strike shall attach the document sought to be stricken.

Applies to

Letter

Must include

proposed order

Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.

This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; 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.

Applies to

Joint letter

Parties must submit a joint letter by the claim construction brief due date, stating whether they request testimony, time allocation, and order of presenting terms.

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.

Applies to

Non dispositive motion

Must include

certificate of conference

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

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

Applies to

Order

Parties must jointly file a form of order to enter judgment on the verdict within seven days.

Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.

Applies to

Status report

Parties must file a joint status report indicating case progression and post-trial motions.

At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Applies to

Mediation statement

Must include

notice of electronic filing

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

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

Applies to

Mediation statement

Must include

notice of electronic filing

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

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.

Applies to

Mediation statement

Must include

caption, judge name, case number

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

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.

Applies to

Mediation order compliance

Must include

read comply order, report compliance problems

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

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.

Applies to

Mediation statement

Must include

caption

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

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.

Applies to

Mediation statement

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

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.'

Applies to

Mediation statement

Mediation statements must not be electronically filed.

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

Applies to

Non dispositive motion

Must include

local rule certificate

Non-dispositive motions must include the certificate of conference required by Local Rule 7.1.1.

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

Applies to

Motion for discovery teleconference

Must include

certificate of conference

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

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute, the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. 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 format of the meet-and-confer (e.g., in person or by telephone); • 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

Applies to

Letter

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

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.

Applies to

Letter

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

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.

Applies to

Court reporter arrangement

Must include

notice of electronic filing

Court reporter required for all hearings and proceedings

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.

Applies to

Initial disclosure

Must include

caption, judge name, case number

Plaintiff must disclose accused products and damages model by specific date

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.

Applies to

Initial disclosure

Must include

caption, judge name, case number

Defendant must produce technical documents and sales figures by specific date

(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).

Applies to

Initial disclosure

Must include

caption, judge name, case number

Plaintiff must produce initial claim chart by specific date

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

Applies to

Initial disclosure

Must include

caption, judge name, case number

Defendant must produce initial invalidity contentions by specific date

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

Applies to

Final disclosure

Must include

caption, judge name, case number

Plaintiff must provide final infringement contentions by specific date

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

Applies to

Final disclosure

Must include

caption, judge name, case number

Defendant must provide final invalidity contentions by specific date

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

Applies to

Interim status report

Must include

caption, judge name, case number

Joint interim status report required by specific date

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.

Applies to

Brief

Must include

detailed citations

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

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.

Applies to

Brief

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

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.

Applies to

Pretrial order

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

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].

Applies to

Discovery motion

Must include

caption, case number

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

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

Applies to

Protective order motion

Must include

proposed order

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

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.

Applies to

Mediation statement

Mediation statements must include seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.

The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) "The Parties": provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) "Factual Background": provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) "Summary of Applicable Law": provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) "Honest Discussion of Strengths and Weaknesses": provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) "Settlement Efforts": provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) "Settlement Proposal": describe the party's proposed term(s) for a resolution. Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. g) "Fees and Costs": list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.

Applies to

Expert disclosure

Must include

certificate of service

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

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__.

Applies to

Supplemental expert disclosure

Must include

certificate of service

Supplemental expert disclosure deadline for rebuttal

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

Applies to

Reply expert report

Must include

certificate of service

Reply expert report deadline for party with initial burden of proof

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

Applies to

Fact witness list

Must include

certificate of service

Fact witness list due one month after expert discovery closes

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.

Applies to

Rebuttal fact witness list

Must include

certificate of service

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

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.

Applies to

Discovery dispute motion

Must include

certificate of service

Discovery disputes must be filed as joint motion for teleconference

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.'

Applies to

Joint claim construction brief

Unfiled briefs must be combined into a single 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.

Applies to

Motion for summary judgment

Must include

concise statement of facts

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

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.

Applies to

Opposition to summary judgment

Must include

response to concise statement

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

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.

Applies to

Reply to summary judgment

Must include

response to opposing concise statement

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

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.

Applies to

Pretrial order

Final pretrial order must include Table of Contents

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

Deadline

3 business days

Applies to

Jury documents

Must include

joint proposed voir dire, joint proposed special verdict forms, joint proposed final jury instructions +1 more

Jury documents due 3 business days before final pretrial conference

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.

Applies to

Letter

Must include

proposed order

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

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

Applies to

Proposed order

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

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.

Applies to

Joint claim construction brief

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

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

Applies to

Exhibit list

Must include

exhibit list

Counsel must deliver a completed AO Form 187 exhibit list to the Courtroom Deputy by the first day of trial.

On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.

Applies to

Motion in limine

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

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

Applies to

Letter

Must include

proposed order

The letter must include a proposed order as an exhibit.

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

Applies to

Non dispositive motion

Must include

local rule certificate

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

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

Applies to

Mediation statement

Mediation statements must contain seven specific headings with required content: The Parties, Factual Background, Summary of Applicable Law, Honest Discussion of Strengths and Weaknesses, Settlement Efforts, Settlement Proposal, and Fees and Costs.

The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) "The Parties": provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) "Factual Background": provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) "Summary of Applicable Law": provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) "Honest Discussion of Strengths and Weaknesses": provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) "Settlement Efforts": provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) "Settlement Proposal": describe the party's proposed term(s) for a resolution. Further, identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. g) "Fees and Costs": list separately each of the following: (i) attorneys' fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys' fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.

Applies to

Letter

Must include

proposed order

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

The moving party should attach a proposed order to its letter brief as an exhibit.

Applies to

Discovery plan

Must include

caption, judge name, case number

All discovery must be completed by a specific deadline.

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

Applies to

Motion

Must include

caption, judge name, case number

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

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

Applies to

Expert report

Must include

caption, judge name, case number

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

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__.

Applies to

Expert report

Must include

caption, judge name, case number

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

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

Applies to

Expert report

Must include

caption, judge name, case number

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

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

Applies to

Expert report

Must include

caption, judge name, case number

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

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

Applies to

Expert report

Must include

caption, judge name, case number

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

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

Applies to

Objection to expert

Must include

caption, judge name, case number

Objections to expert testimony must follow Daubert principles.

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

Applies to

Discovery dispute letter

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

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.

Applies to

Discovery dispute opposition letter

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

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.

Applies to

Discovery dispute letter

Must include

proposed order

Proposed order required as exhibit with discovery dispute letter.

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

Applies to

Sealed document

Original and 1 copy required for sealed papers.

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

Applies to

Motion for summary judgment

Must include

concise statement

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

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.

Applies to

Opposition to summary judgment

Must include

concise statement response

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

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.

Applies to

Letter

Must include

proposed order

Discovery dispute letters must include proposed order attached as exhibit.

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

Applies to

Pretrial order

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

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

Applies to

Brief

Must include

word count

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

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.

Applies to

Motion

Must include

caption, judge name, case number

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

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

Applies to

Motion

Must include

caption, judge name, case number

Daubert objections must be made by dispositive motion deadline

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.

Applies to

Jury instructions

Must include

proposed voir dire, special verdict forms, final jury instructions +1 more

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

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.

Applies to

Motion

Must include

certificate of conference

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

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

Applies to

Pretrial order

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

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.

Applies to

Proposed order

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

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.

Applies to

Pretrial order

Must include

proposed order

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

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.

Applies to

Scheduling order

Must include

other litigation statement

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

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

Applies to

Scheduling order

Must include

expected ipr filings, future litigation disclosure

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

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.

Applies to

Scheduling order

Must include

compliance representation, license settlement disclosure

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

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.

Applies to

Scheduling order

Must include

preliminary damages views

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

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

Deadline

10 days

Applies to

Protective order

Must include

confidentiality terms

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

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.

Applies to

Protective order

Must include

other proceedings disclosure paragraph

Protective orders must include paragraph about disclosure in other proceedings.

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.

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more

Joint Claim Construction Chart must be filed by specified deadline.

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__.

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more

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

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.

Applies to

Joint claim construction chart

Must include

caption, judge name, case number +2 more