Courtesy copies are required for pretrial orders. Details: 3 copies, delivery upon filing, by hand delivery. Three copies of Final Pretrial Order required for chambers.
Judge Sunil R. Harjani's rules set a pre-motion procedure for exhibit objection. Substantial exhibit objections must be filed as motions in limine.
Judge Sunil R. Harjani's rule states these limits: 25 pages. Opening claim construction brief limited to 25 pages.
Judge Sunil R. Harjani's rule states these limits: 25 pages. Responsive claim construction brief limited to 25 pages.
Judge Sunil R. Harjani's formatting rule includes binding three hole binder or spiral. Pretrial Order must be three-hole bound or spiral-bound with tabs.
The rule requires bench books and exhibit list. Two bench books of exhibits required for trial.
The rule identifies required filing content or certificates. Parties must present proposed scheduling order within 7 days of Rule 26(f) conference.
The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf and file unredacted to chambers. Default protective order in Appendix B effective upon initial disclosures; modifications allowed for good cause without delaying disclosures.
Requests should be made at least 7 calendar days in advance when this rule applies before Judge Sunil R. Harjani. Requests for expedited transcripts must be made at least 7 days before trial.
Three copies of Final Pretrial Order required for chambers.
Pretrial Order must be three-hole bound or spiral-bound with tabs.
Two bench books of exhibits required for trial.
Substantial exhibit objections must be filed as motions in limine.
Two courtesy copies of motions in limine must be delivered to chambers.
Requests for expedited transcripts must be made at least 7 days before trial.
Government must provide Pretrial Order draft 21 days before due date.
Defendant must respond to Pretrial Order draft 14 days before due date.
Parties must meet and confer 7 days before Pretrial Order due date.
Government gets 6 peremptory challenges; defendant gets 10.
LPR apply to patent cases filed after 9/24/2009 involving utility patent claims.
Parties must present proposed scheduling order within 7 days of Rule 26(f) conference.
Fact discovery starts after initial disclosures, ends 28 days after claim terms exchange, and resumes 42 days after claim construction ruling.
Default protective order in Appendix B effective upon initial disclosures; modifications allowed for good cause without delaying disclosures.
All LPR disclosures must be dated, signed, and comply with FRCP 11 and 26(g).
Initial disclosures under LPR 2.2-2.5 are inadmissible as evidence on the merits.
Objections to FRCP 26(a) disclosures or discovery requests are generally prohibited if premature under LPR, except for claim construction positions and claim/apparatus comparisons.
Initial disclosures must be exchanged within 14 days of answer/response, or 14 days after plaintiff's answer to counterclaim.
Patent infringement claimant must produce specific documents with initial disclosures.
Patent infringement defendant must produce specific documents with initial disclosures.
Producing parties must identify documents by production number for each LPR category.
Initial infringement contentions must be served within 14 days after initial disclosures.
Initial infringement contentions limited to 25 claims per patent, max 50 total.
Initial response to non-infringement/invalidity contentions due within 14 days.
Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.
Final infringement contentions must identify max 10 claims per patent, 20 total, within 19 weeks.
Final infringement contentions due within 21 weeks; max 10 claims per patent, 20 total.
Final invalidity contentions limited to 25 prior art references unless court orders otherwise.
Final invalidity contentions limited to 4 prior art grounds and 4 non-prior art grounds per claim.
Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.