Judge Jennifer Choe-Groves
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Upon request
Compendium
- 2 copies • Upon Filing
Courtesy copies
- 2 copies • Upon Filing
- Not required
Adjournments
- Motions to extend scheduling order deadlines must comply with consent, disclosure, and timing requirements.
- Extension of the Joint Claim Construction Brief deadline presumptively results in loss of the claim construction hearing date.
Request must include
- Extension requests should be filed at least three days before the deadline.
Communication
Chambers
Page & Word Limits11 rules
Opening briefs limited to 5,500 words; answering briefs limited to 8,250 words; reply briefs limited to 5,500 words; sur-reply briefs limited to 2,750 words; all briefs must use 14-point Times New Roman or similar typeface.
its (their) opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its (their) reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its (their) sur-reply brief, not to exceed 2,750 words, on [DATE]. The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Opening Brief
5,500 words
Applies to: Attorney
Answering Brief
8,250 words
Applies to: Attorney
Reply Brief
5,500 words
Applies to: Attorney
Sur Reply Brief
2,750 words
Applies to: Attorney
In limine support limited to 3 pages, opposition limited to 3 pages, reply limited to 1 page.
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
In Limine Support
3 pages
In Limine Opposition
3 pages
In Limine Reply
1 pages
Moving parties may submit a single one-page reply on in limine requests.
The Court will consider in limine requests on the papers (with moving parties a single one-page reply).
In Limine Reply
1 pages
Applies to: Attorney
Opening brief capped at 5,500 words; answering brief at 8,250 words; reply brief at 5,500 words; sur-reply brief at 2,750 words.
The Plaintiff(s) shall serve, but not file, its opening brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its answering brief, not to exceed 8,250 words, on [DATE]. The Plaintiff(s) shall serve, but not file, its reply brief, not to exceed 5,500 words, on [DATE]. The Defendant(s) shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on [DATE].
Opening Brief
5,500 words
Applies to: Attorney
Opposition
8,250 words
Applies to: Attorney
Reply
5,500 words
Applies to: Attorney
Sur Reply
2,750 words
Applies to: Attorney
Testimony at claim construction hearing is prohibited unless prior approval is obtained by joint letter by the answering brief deadline; argument limited to three hours.
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 in total.
Claim Construction Hearing
Each side is limited to 10,000 words for all opening briefs, 10,000 words for all answering briefs, and 5,000 words for all reply briefs for case dispositive motions.
Each Party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.
Brief
10,000 words
Applies to: Attorney
Opposition
10,000 words
Applies to: Attorney
Reply
5,000 words
Applies to: Attorney
If a Daubert motion is filed with a case dispositive motion, word limits increase to 12,500 words for opening briefs, 12,500 words for answering briefs, and 6,250 words for reply briefs per side.
In the event that a Party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, a combined total of 12,500 words for all answering briefs, and a combined total of 6,250 words for all reply briefs.
Brief
12,500 words
Applies to: Attorney
Opposition
12,500 words
Applies to: Attorney
Reply
6,250 words
Applies to: Attorney
Concise statements for summary judgment motions are limited to 1,750 words.
The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words.
Concise Statement
1,750 words
Applies to: Attorney
Each party is limited to three motions in limine.
Each Party shall be limited to three in limine requests, unless otherwise permitted by the Court.
In limine requests and responses are limited to 3 pages of argument each; reply is limited to 1 page.
Each in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the Party making the in limine request may add a maximum of one additional page in reply in support of its request.
Motion In Limine
3 pages
Applies to: Attorney
Opposition
3 pages
Applies to: Attorney
Reply
1 pages
Applies to: Attorney
Multiple parties supporting or opposing an in limine request must combine their arguments into a single 3-page submission; moving parties combine into a single 1-page reply.
If more than one Party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, for the moving parties, a single one-page reply).
Motion In Limine
3 pages
Applies to: Attorney
Opposition
3 pages
Applies to: Attorney
Reply
1 pages
Applies to: Attorney
Document Format Requirements5 rules
Joint Claim Construction Chart must be in Word format, 14-point Times New Roman, and emailed to chambers simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to steve_taronji@cit.uscourts.gov. The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
DOCX
Jury instructions, voir dire, and special verdict forms must be submitted to chambers in Word format simultaneously with filing.
The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to the Chambers of Judge Choe-Groves.
DOCX
Joint Claim Construction Chart must use 14-point Times New Roman or similar typeface and be in DOCX format.
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
DOCX
Claim construction briefs must use 14-point Times New Roman or similar typeface.
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
Concise statements must use 14-point Times New Roman or similar typeface.
The text for each statement shall be 14-point and in Times New Roman or a similar typeface.
Document Filing Requirements34 rules
Motions to amend scheduling orders must include a table of remaining events with current and requested deadlines.
5. All motions requesting an amendment to an existing scheduling order shall include a table reflecting all remaining events, the current deadlines for each of those events, and the requested new deadlines for each of those events. The table shall be formatted as follows:
Document Type
Motion
A proposed order must be submitted with an application for a protective order.
Should the Parties 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
Document Type
Motion
Pinpoint citations 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.
Document Type
Brief
Each brief must include a certification of compliance with word count limitations.
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.
Document Type
Brief
Parties must file a Joint Claim Construction Brief by the deadline, with specific structure combining positions on each claim term; extension of the deadline presumptively results in loss of the claim construction hearing date.
No later than [DATE], the parties shall file a Joint Claim Construction Brief. (Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.) 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.
Document Type
Joint Claim Construction Brief
Declarations must not 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.
Document Type
Declaration
Motions in limine must not be filed separately; all requests and responses must be included in the proposed pretrial order.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Document Type
In Limine Request
Joint claim construction chart required after filing Markman briefs.
After the filing of Markman briefs, Judge Choe-Groves requires a joint claim construction chart that reflects the claim constructions on which the Parties disagree.
Document Type
Joint Claim Construction Chart
Joint statement of undisputed material facts required after filing summary judgment motions.
After the filing of motions for summary judgment, Judge Choe-Groves requires a joint statement of undisputed material facts that reflects those facts on which the Parties agree.
Document Type
Joint Statement Undisputed Material Facts
Submissions containing AI-drafted text must include an AI disclosure notice, accuracy certification, and confidentiality certification.
ORDERED that any submission in a case assigned to Judge Choe-Groves that contains text drafted with the assistance of a generative AI program on the basis of natural language prompts must be accompanied by: (1) A disclosure notice that identifies the program used, the manner in which it was used, and the specific portions of text that have been drafted; (2) A certification that counsel or the party has reviewed the included text and legal research for factual and legal accuracy; and (3) A certification that the use of such AI program has not resulted in the unauthorized disclosure of any confidential or business proprietary information;
Document Type
Submission
Invalidity Contentions must identify prior art with details, provide anticipation/obviousness analysis, include a claim chart, and state invalidity grounds under sections 101, 112(a), and 112(b).
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 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 identities 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; c. A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such Party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and d. Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.
Document Type
Invalidity Contentions
The party opposing infringement must produce source code, specifications, prior art copies, and English translations with invalidity contentions; source code inspection must be completed at least two weeks before final infringement contentions.
6. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, the Party opposing a claim of patent infringement shall produce or make available for inspection and copying: a. Source code1, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its chart produced pursuant to paragraph 3(c) of this Order; b. A copy or sample of the prior art identified pursuant to paragraph 5(a) that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced; 1 The parties may mutually agree on a later date for source code inspection, so long as the inspection is completed at least two (2) weeks prior to the due date for the final infringement contentions, set forth in the table at the conclusion of this Order.
Document Type
Document Production Accompanying Invalidity Contentions
Joint Claim Construction Chart must identify disputed terms, each party's proposed construction with intrinsic evidence citations, and be accompanied by text-searchable PDFs of the patents; no argument allowed.
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. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
Document Type
Exhibits
Motion for Claim Construction must use specific language and contain no argument.
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. [ ]).'
Document Type
Motion
Each claim construction brief must include a certification of compliance with word count limitations.
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.
Document Type
Brief
Joint Claim Construction Brief and Joint Appendix must comply with paragraph 10 of the Order.
The Joint Claim Construction Brief and Joint Appendix shall comply with paragraph 10 of this Order.
Document Type
Joint Claim Construction Brief
A letter must be filed with the Amended Joint Claim Construction Chart identifying participants, method, and duration of the meet and confer.
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.
Document Type
Letter
Multiple summary judgment motions must be numbered in order of desired consideration; denial of one motion may halt review of subsequent motions.
A Party that files more than one summary judgment motion shall number each motion to make clear the order in which the Party wishes the Court to consider the motions in question. The first motion the Party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the Party’s summary judgment motions in the order designated by the Party. If the Court decides to deny a motion filed by the Party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the Party.
Document Type
Summary Judgment Motion
Multiple Daubert motions must be numbered in order of desired consideration; denial may halt review of further motions; failure to cross-examine after denial may reduce trial time.
A Party that files more than one Daubert motion shall number each motion to make clear the order in which the Party wishes the Court to consider the motions in question. The first motion the Party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the Party’s Daubert motions in the order designated by the Party. If the Court decides to deny a motion filed by the Party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further Daubert motions filed by the Party. If the Court denies a Daubert motion and the Party that brought the motion does not cross-examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that Party at trial.
Document Type
Daubert Motion
Each summary judgment motion must be accompanied by a separate concise statement of material 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.
Document Type
Summary Judgment Motion
Affidavits, declarations, and exhibits must be attached 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).
Document Type
Concise Statement
Each concise statement must include a certification of compliance with typeface and word count limits.
Each statement must include a certification by counsel that the statement complies with the type and number limitations set forth above.
Document Type
Concise Statement
Motions in limine must not be filed separately; all requests and responses must be included in the proposed pretrial order.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Document Type
Motion In Limine
Proposed protective orders must include a specific paragraph about 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.
Document Type
Protective Order
Joint Claim Construction Chart must identify terms, include proposed constructions with citations only to intrinsic evidence, include separate PDF of patents, and contain no argument.
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. A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument.
Document Type
Joint Claim Construction Chart
Motion for Claim Construction must be filed concurrently, contain no argument, and state specific language.
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. [ ]).”
Document Type
Motion For Claim Construction
Parties must submit a joint letter by the date answering claim construction briefs are due to seek prior approval to present testimony at claim construction hearing.
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.
Document Type
Joint Letter
Parties must file a letter with the Amended Joint Claim Construction Chart identifying meet-and-confer participants, method, duration, and stating if no agreements reached.
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. If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.
Document Type
Letter
Daubert motions must be numbered in order of preference.
A party that files more than one Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on.
Document Type
Daubert Motion
Each in limine request and response must contain the authorities relied upon.
Each in limine request and any response shall contain the authorities relied upon
Document Type
In Limine Request
Each party is limited to three in limine requests.
Each party shall be limited to three in limine requests, unless otherwise permitted by the Court.
Document Type
In Limine Request
Motions in limine must comply with paragraph 14 of this Order.
Motions in limine shall comply with paragraph 14 of this Order.
Document Type
Motion In Limine
Declarations must not contain legal argument or circumvent briefing word limits.
Declarations shall not contain legal argument or be used to circumvent the briefing word limitations imposed by this paragraph.
Document Type
Declaration
Counsel may rely on the word-processing system's word count for the certification.
The person who prepares the certification may rely on the word count of the word-processing system used to prepare the statement.
Document Type
Concise Statement
Filing & Service rules
Electronic Filing Rules
Compendiums of cases must not be filed electronically; a notice of service 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.
Page 19 | 30
Compendiums of cases must not be filed electronically; only a notice of service of the compendium may 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.
Page 25 | Jury Instructions, Voir Dire, and Special Verdict Forms
The list of claim terms and proposed constructions must be exchanged but not filed with the Court.
On or before [DATE], the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s). This document will not be filed with the Court.
Page 12 | Item 19
Filing Timing and Cure Windows
Joint proposed final pretrial order must be filed by 5:00 p.m. on the specified date.
The parties shall file a joint proposed final pretrial order no later than 5:00 p.m. on [DATE].
Page 18 | Pretrial Conference
Jury instructions, voir dire, and special verdict forms must be filed by 5:00 p.m. 21 days before the pretrial conference, and simultaneously submitted in Word format to chambers.
When a case is to be tried to a jury, 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 [DATE] [21 days before the pretrial conference]. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to the Chambers of Judge Choe-Groves.
Page 25 | Jury Instructions, Voir Dire, and Special Verdict Forms
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'
Page 13
Opening, answering, reply, and sur-reply claim construction briefs are served but not filed individually; they are later incorporated into the Joint Claim Construction Brief.
The Plaintiff(s) shall serve, but not file, its opening brief... The Defendant(s) shall serve, but not file, its answering brief... The Plaintiff(s) shall serve, but not file, its reply brief... The Defendant(s) shall serve, but not file, its sur-reply brief...
Page 13 | Claim Construction Briefing
Service and Proof of Service Rules
Parties hiring own court reporter for in-person U.S. Court of International Trade hearings must provide transcript copy to court.
In such a case, the Parties shall provide a copy of the transcript to the court.
Page 2 | Transcripts
Courtesy Copy Requirements
Paper copies of filings are not required unless requested by the Court.
The Parties are not required to mail paper copies of documents to the Court unless requested.
Page 2 | Physical Copies of Filings
Paper copies of documents are not required unless specifically requested by the Court.
Hard Copies. The Parties are not required to mail paper copies of documents to the Court unless requested.
Page 11 | Item 18
Parties may submit two courtesy copies of a compendium of authorities with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
Page 19 | 30
A party may submit two courtesy copies of a compendium of selected authorities with any briefing.
A Party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
Page 24 | Compendium of Cases
Sealing & Redaction Procedures
Sealed filings do not require physical copies; a redacted version must be filed electronically within 7 days.
Papers Filed Under Seal. The parties need not file copies with the Clerk of Court for the U.S. District Court for the District of New Jersey. The parties are not required to physically deliver original and paper copies of sealed filings to the Court. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Page 11 | Item 17
Filing Bundling Requirements
Separate briefing on in limine requests is prohibited unless the Court permits otherwise.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Page 19 | 29
Parties must combine their served briefs into a single Joint Claim Construction Brief for filing.
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.
Page 14
No separate briefing is allowed on in limine requests unless the Court permits otherwise.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Page 24 | Motions in Limine
Appendix materials must be submitted in a Joint Appendix.
If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix.
Page 14 | Claim Construction Briefing
If multiple parties support or oppose an in limine request, they must combine their arguments into a single three-page submission.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission
Page 18 | Motions in Limine
Pre-Motion Conference Requirements
Daubert objections must be made by motion, with responses and replies due on specified dates.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than [DATE]. Responses shall be filed no later than [DATE]. Replies shall be filed no later than [DATE].
Page 17 | Objections to Expert Testimony
Parties must meet and confer and file an Amended Joint Claim Construction Chart between four weeks and two weeks before the claim construction hearing.
On or before [DATE] [no earlier than four weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], counsel for the parties shall meet and confer and thereafter file on [DATE], an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.
Page 15 | 17. Meet and Confer Confirmation and Amended Claim Chart.
Before applying for a protective order, counsel must confer and attempt to agree on a proposed order.
Should the Parties 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
Page 10 | Application to Court for Protective Order
Adjournment & Extension Requirements
Motions to extend scheduling order deadlines must comply with consent, disclosure, and timing requirements.
it is hereby ORDERED that all requests to amend an existing Scheduling Order shall comply with the following procedures and requirements: 1. Any Party seeking an extension of a deadline should attempt to obtain consent to the requested extension from all other Parties to the case prior to filing a motion with the Court; 2. All motions requesting an extension should indicate the number of similar requests made by the moving Party and the reasons for the requested extension; 3. Extension requests should be limited to short periods to address unexpected conflicts; 4. The Party requesting the extension is responsible for ensuring that the requested deadlines do not fall on a weekend, holiday, or other date on which the Court will not be open for normal business; and
Page 1 | STANDING ORDER REGARDING MOTIONS TO AMEND SCHEDULING ORDERS
Extension of the Joint Claim Construction Brief deadline presumptively results in loss of the claim construction hearing date.
Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court’s granting the extension.
Page 14
Extension requests should be filed at least three days before the deadline.
Ideally, stipulations and requests for an extension of time should be filed with the Court at least three days in advance of the deadline the request concerns.
Page 20 | 33
Chambers Communication Rules
Joint Claim Construction Chart must be emailed to steve_taronji@cit.uscourts.gov simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to steve_taronji@cit.uscourts.gov.
Page 12 | Item 19
Parties seeking live court reporter transcripts for videoconferences must contact chambers via email at least two days in advance.
If the Parties seek a live transcript prepared by a court reporter for videoconferences, the Parties should reach out to the court at least two days in advance via email to Steve Taronji, Case Manager for Judge Choe-Groves, at steve_taronji@cit.uscourts.gov or by phone at (212) 264-1611, and the Court will request a court reporter to be provided by the District Court for the District of New Jersey (subject to availability).
Page 2 | Transcripts
Joint Claim Construction Chart must be emailed to chambers in Word format simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to steve_taronji@cit.uscourts.gov.
Page 13