Judge Sunil R. Harjani
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motions in Limine
- 2 copies
Pretrial Order
- 2 copies
Adjournments
- Initial response to non-infringement/invalidity contentions due within 14 days.
- Contact Systems Department at least 2 weeks before trial for technology assistance.
- Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.
- Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.
- Rebuttal expert disclosures due 28 days after initial expert reports.
- +2 more
- Pretrial Order drafting schedule: plaintiff draft 21 days before due, defendant response 14 days before due, meet-and-confer 7 days before due.
- Requests for expedited transcripts must be made at least 7 days before trial.
- Final pretrial conference scheduled at least 3 weeks before trial.
Page & Word Limits11 rules
Initial infringement contentions limited to 25 claims per patent, max 50 total.
Court's wording
(a) an identification of no more than 25 claims of each patent in suit that are allegedly infringed by the opposing party, but no more than 50 claims total, including for each claim the applicable statutory subsection of 35 U.S.C. § 271;
Final Invalidity Contentions may rely on more than twenty-five (25) prior art references only by order of the Court upon a showing of good cause and absence of unfair prejudice to opposing parties.
(1) Within nineteen (19) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties a list identifying no more than 10 claims per patent and no more than 20 claims overall that the party is asserting, each of which must be selected from claims identified in the Initial Infringement Contentions.
Final invalidity contentions limited to 4 prior art grounds and 4 non-prior art grounds per claim.
Court's wording
For each claim alleged to be invalid, the Final Unenforceability and Invalidity Contentions are limited to four (4) prior art grounds per claim and four (4) non-prior art grounds. No claim asserted to be infringed shall be subject to more than eight (8) total grounds per claim.
Final infringement contentions due within 21 weeks; max 10 claims per patent, 20 total.
Court's wording
(2) Within twenty-one (21) weeks after the due date for service of Initial Infringement Contentions, each party claiming patent infringement must serve on all other parties "Final Infringement Contentions" containing the information required by LPR 2.2 (a)-(h). In the Final Infringement Contentions, no Accused Instrumentality may be accused of infringing more than ten (10) claims per patent and twenty (20) claims overall, selected from the claims identified in the Initial Infringement Contentions.
Responsive claim construction brief limited to 25 pages.
- Responsive brief
- Up to 25 pages
Exception
More pages with leave of court
Court's wording
Within twenty-eight (28) days after filing of the Opening Claim Construction brief, the parties claiming infringement shall file their Responsive Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of Court.
Opening claim construction brief limited to 25 pages.
- Opening brief
- Up to 25 pages
Exception
More pages with leave of court
Court's wording
Within thirty-five (35) days after the exchange of terms set forth in LPR 4.1(a), the parties opposing infringement shall file their Opening Claim Construction Brief, which may not exceed twenty-five (25) pages absent prior leave of court.
Reply claim construction brief limited to 15 pages.
- Reply brief
- Up to 15 pages
Exception
More pages with leave of court
Court's wording
Within fourteen (14) days after filing of the Responsive Claim Construction Brief, the parties opposing infringement shall file their Reply Claim Construction Brief, which may not exceed fifteen (15) pages absent prior leave of Court.
Any trial briefs shall be limited to 10 pages without leave of court.
- Trial brief
- Up to 10 pages
Exception
More pages with leave of court
Multiple infringers may justify additional pages or separate briefing.
Court's wording
The presence of multiple alleged infringers with different products or processes shall, in an appropriate case, constitute good cause for allowing additional pages in the Opening, Responsive, or Reply Claim Construction Briefs or for allowing separate briefing as to different alleged infringers.
The government has 6 peremptory challenges and the defendant has 10 peremptory challenges pursuant to Federal Rule of Criminal Procedure 24, unless otherwise requested and approved by the Court.
Document Format Requirements3 rules
The Pretrial Order either should be placed in a three-hole binder or spiral-bound on the left side of the document, with tabs on the right side.
The Pretrial Order either should be placed in a three-hole binder or spiral bound on the left side of the document, with tabs on the right side.
- Pretrial order
Formatting
- •Spiral bound on left
- •Tabs on right
The subjects discussed below should be addressed in separate, tabbed and numbered sections of the Pretrial Order.
- Pretrial order
Formatting
- •Separate sections
- •Tabbed sections
- •Numbered sections
Document Filing Requirements19 rules
Two bench books of each party's exhibits are to be delivered to the Court at or before the start of the trial.
- Document
- Exhibits
Include
- •Bench books
Parties must present proposed scheduling order within 7 days of Rule 26(f) conference.
Court's wording
In their conference pursuant to Fed. R. Civ. P. 26(f), the parties must discuss and address those matters found in the form scheduling order contained in LPR Appendix "A." A completed proposed version of the scheduling order is to be presented to the Court within seven (7) days after the Rule 26(f) conference or at such other time as the Court directs.
All disclosures made pursuant to LPR 2.2, 2.3, 2.4, 2.5, 3.1, and 3.2 must be dated and signed by counsel of record (or by the party if unrepresented by counsel) and are subject to the requirements of Federal Rules of Civil Procedure 11 and 26(g).
- Document
- Disclosure
Must include
- •Dated
- •Signed
Initial disclosures must be exchanged within 14 days of answer/response, or 14 days after plaintiff's answer to counterclaim.
Court's wording
The plaintiff and any defendant that files an answer or other response to the complaint shall exchange their Initial Disclosures under Federal Rule of Civil Procedure 26(a)(1) ("Initial Disclosures") within fourteen (14) days after the defendant files its answer or other response, provided, however, if defendant asserts a counterclaim for infringement of another patent, the Initial Disclosures shall be exchanged within fourteen (14) days after the plaintiff files its answer or other response to that counterclaim.
Patent infringement claimant must produce specific documents with initial disclosures.
Court's wording
A party asserting a claim of patent infringement shall produce or make the following available for inspection and copying along with its Initial Disclosures, to the extent they are in the party's possession, custody or control.
A party opposing a claim of patent infringement shall produce or make the following available for inspection and copying, along with its Initial Disclosures:
With respect to LPR 2.1 (a) and (b), each producing party shall separately identify by production number which documents correspond to each category of the corresponding LPR.
Initial infringement contentions must be served within 14 days after initial disclosures.
Court's wording
A party claiming patent infringement must serve on all parties "Initial Infringement Contentions" containing the following information within fourteen (14) days after the Initial Disclosures under LPR 2.1:
Amendments to expert reports presumptively prejudicial without good cause.
Court's wording
Amendments or supplementation to expert reports after the deadlines provided herein are presumptively prejudicial and shall not be allowed absent prior leave of court upon a showing of good cause that the amendment or supplementation could not reasonably have been made earlier and that the opposing party is not unfairly prejudiced.
Any exhibits, including demonstrative exhibits, to be used at a claim construction hearing must be exchanged no later than three (3) days before the hearing.
Witnesses not listed in Pretrial Order are precluded from testifying without good cause.
Court's wording
Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary.
The parties must provide the Court with two exhibit binders containing the objected-to deposition testimony and exhibits.
Must include
- •Exhibit binders
Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause.
Any exhibit not listed in the Pretrial Order will be excluded from evidence absent a showing of good cause.
Two bench books of each party’s exhibits are to be delivered to the Court at or before the start of trial.
A party may not object to mandatory disclosures under Federal Rule of Civil Procedure 26(a) or to a discovery request on the ground that it conflicts with or is premature under the LPR, except to the following categories of requests and disclosures: (a) requests for a party's claim construction position; (b) requests to the patent claimant for a comparison of the asserted claims and the accused apparatus, device, process, method, act, or other instrumentality;
LPR apply to patent cases filed after 9/24/2009 involving utility patent claims.
Court's wording
These Rules ("LPR") apply to all cases filed in or transferred to this District after September 24, 2009, in which a party makes a claim of infringement, non-infringement, invalidity, or unenforceability of a utility patent.
The disclosures provided for in LPR 2.2, 2.3, 2.4, and 2.5 are inadmissible as evidence on the merits.
Fact discovery starts after initial disclosures, ends 28 days after claim terms exchange, and resumes 42 days after claim construction ruling.
Court's wording
Fact discovery shall commence upon the date for the Initial Disclosures under LPR 2.1 and shall be completed twenty-eight (28) days after the date for exchange of claim terms and shall end forty-two (42) days after entry of the claim construction ruling.
Filing & Service rules
Courtesy Copy Requirements
Three copies of Final Pretrial Order required for chambers.
An original and two (2) copies of the Final Proposed Pretrial Order shall be delivered to chambers.
Criminal cases
Two courtesy copies of motions in limine must be delivered to chambers.
Two (2) courtesy copies of any motions in limine shall be delivered to chambers in accordance with the Local Rules.
Criminal cases
Two courtesy copies of Final Pretrial Order required for chambers.
An original and two (2) copies of the Final Proposed Pretrial Order shall be delivered to chambers.
Civil cases
Two courtesy copies of motions in limine required for chambers.
Two (2) courtesy copies of any motions in limine shall be delivered to chambers in accordance with the Local Rules.
Civil cases
Sealing & Redaction Procedures
Default protective order in Appendix B effective upon initial disclosures; modifications allowed for good cause without delaying disclosures.
The protective order found in LPR Appendix B shall be deemed to be in effect as of the date for each party's Initial Disclosures. Any party may move the Court to modify the Appendix B protective order for good cause. The filing of such a motion does not affect the requirement for or timing of any of the disclosures required by the LPR.
Page 4 | LPR 1.4 Confidentiality
Pre-Motion Conference Requirements
Substantial exhibit objections must be filed as motions in limine.
Any substantial objection to an exhibit shall be filed as a motion in limine.
Criminal cases
Adjournment & Extension Requirements
Parties must meet and confer 7 days before Pretrial Order due date.
The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.
Criminal cases
Government must provide Pretrial Order draft 21 days before due date.
The government has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due.
Criminal cases
Defendant must respond to Pretrial Order draft 14 days before due date.
Defendant’s counsel must respond in writing to the government’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to the draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony).
Criminal cases
Requests for expedited transcripts must be made at least 7 days before trial.
Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.
Criminal cases
Initial response to non-infringement/invalidity contentions due within 14 days.
Within fourteen (14) days after service of the Initial Non-Infringement and Invalidity Contentions under LPR 2.3, each party claiming patent infringement shall serve upon all parties its "Initial Response to Non-Infringement and Invalidity Contentions."
Page 9 | LPR 2.5
Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.
In a case initiated by a complaint for declaratory judgment in which a party files a pleading seeking a judgment that a patent is not infringed, is invalid, or is unenforceable, LPR 2.2 and 2.3 shall not apply unless a party makes a claim for patent infringement. If no claim of infringement is made, the party seeking a declaratory judgment must comply with LPR 2.3 and 2.4 within twenty-eight (28) days after the Initial Disclosures.
Page 9 | LPR 2.6
Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.
Not later than 28 days after the due date for Final Infringement Contentions under LPR 3.1:
Page 10 | LPR 3.2
within twenty-eight (28) days after the claim construction ruling or the close of discovery after the claim construction ruling, whichever is later, each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof;
within twenty-eight (28) days after the claim construction ruling or the close of discovery after the claim construction ruling, whichever is later, each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof;
Rebuttal expert disclosures due 28 days after initial expert reports.
within twenty eight (28) days after the date for initial expert reports, each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof.
Expert depositions must be completed within 28 days after rebuttal disclosures.
Depositions of expert witnesses shall be completed within twenty-eight (28) days after exchange of expert rebuttal disclosures.
Pretrial Order drafting schedule: plaintiff draft 21 days before due, defendant response 14 days before due, meet-and-confer 7 days before due.
Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.
Civil cases
Contact Systems Department at least 2 weeks before trial for technology assistance.
Contact the Systems Department within the Clerk’s Office at least two weeks before trial if you need assistance with understanding how to operate the courtroom display technology equipment.
Civil cases
Requests for expedited transcripts must be made at least 7 days before trial.
Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.
Civil cases
Final pretrial conference scheduled at least 3 weeks before trial.
The Court will set a date for the final pretrial conference at least three weeks before trial.
Civil cases
Early summary judgment motions permitted at judge's discretion.
This Rule does not preclude a party from moving for summary judgment at an earlier stage of the case if circumstances warrant. It is up to the trial judge to determine whether to consider an "early" summary judgment motion.