3.1 Scheduling Conference, Discovery Plan, and Discovery Order

(a) Scheduling Conference/Discovery Plan

In the absence of exceptional circumstances, not later than thirty (30) days after service of the last filed answer, the court will hold a patent case scheduling conference. Pursuant to the process set forth in Federal Rule of Civil Procedure 26(f), the parties shall meet and confer in advance of this conference. The parties' Rule 26(f) "Discovery Plan" shall address the following sections contained in the Civil Form 2, Sample Discovery Plan: Date/Place of Conference; Counsel Present/Representing; Case Summary; Jurisdictional Questions; Type of Trial; Discovery Needed; Electronic Information Disclosures; Stipulation Regarding Claims of Privilege/Protection of Trial Preparation Materials; Interrogatories; Requests for Admission; Depositions; Disclosures of Claims Against Unnamed Parties; Joinder of Additional Parties; Amendment of Pleadings; Settlement Possibilities; Joint Statement Re Mediation; Trial Estimate; and Trial Date.

(b) Protective Order

Contemporaneous with the filing of the Discovery Plan, the parties may also submit:

(1) a jointly proposed protective order, or

(2) competing proposed protective orders accompanied by memoranda (5 pages or less) explaining the differences between the proposed orders and each party's justification for its proposal.

Jointly proposed protective orders are strongly preferred by the court.

(c) Discovery Order

The court will issue a discovery order promptly after the conference, which shall include a trial date. Subject to the demands of the court's docket, trial should be scheduled for no later than two (2) years after the date the complaint was filed. The court will also rule promptly after the conference on any proposed protective order(s).

(d) Confidential Disclosures Pending Entry of Protective Order

Prior to entry of a protective order, no party may delay disclosures under the Supplemental Patent Rules, or responses to discovery, on the ground of confidentiality. Confidential disclosures and discovery responses may be designated (by the producing party) as "outside attorneys' eyes only" until the entry of a protective order, at which point all information must be treated in accord with the terms of the protective order.


(ยง (a) amended 12/1/13)