6.1 Claim Construction Proceedings

(a) Exchange of Proposed Terms for Construction

Not later than fourteen (14) days after service of the Preliminary Invalidity Contentions, or not later than sixty (60) days after service of the Preliminary Infringement Contentions in those actions in which validity is not at issue (and SPR 5.1(c) does not apply), each party shall serve on all other parties a list of claim terms which that party contends should be construed by the court, and identify any claim term which that party contends should be governed by 35 U.S.C. § 112(f).

(b) Exchange of Preliminary Claim Constructions and Extrinsic Evidence, and Conference of the Parties

(1) Not later than fourteen (14) days after the exchange of the proposed terms for construction pursuant to SPR 6.1(a), the parties shall simultaneously exchange proposed constructions of each term identified by either party for claim construction. Each such "Preliminary Claim Construction" shall also, for each term which any party contends is governed by 35 U.S.C. § 112(f), identify the function of that term and the structure(s), act(s), or material(s) corresponding to that term's function;

(2) At the same time the parties exchange their respective Preliminary Claim Constructions, each party shall also identify all references from the specification or prosecution history that support its proposed construction and designate any supporting extrinsic evidence including, without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. Extrinsic evidence shall be identified by production number or by producing a copy if not previously produced. With respect to any supporting witness, percipient or expert, the identifying party shall also provide a description of the substance of that witness' proposed testimony that includes a listing of any opinions to be rendered in connection with claim construction;

(3) Not later than fourteen (14) days after the exchange of the Preliminary Claim Constructions, the parties shall thereafter meet and confer for the purposes of limiting the terms in dispute by narrowing or resolving differences and facilitating the ultimate preparation of a Joint Claim Construction and Prehearing Statement. The parties shall also jointly identify no more than ten (10) disputed terms per patent in suit, for inclusion in the Joint Claim Construction and Prehearing Statement. In the event of a dispute as to which terms to include in the Joint Claim Construction and Prehearing Statement, each side shall be presumptively limited to five (5) disputed terms per patent in suit, which limit can only be altered by leave of court.

(c) Joint Claim Construction and Prehearing Statement

Not later than fourteen (14) days after they meet and confer pursuant to SPR 6.1(b)(3), the parties shall complete and file a Joint Claim Construction and Prehearing Statement. This statement shall address no more than ten (10) disputed terms per patent in suit, and shall contain the following information:

(1) The construction of those terms on which the parties agree;

(2) Each party's proposed construction of each disputed term, together with an identification of all references from the specification or prosecution history that support that construction, and an identification of any extrinsic evidence known to the party on which it intends to rely either to support its proposed construction or to oppose any other party's proposed construction, including, but not limited to, as permitted by law, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses;

(3) The anticipated length of time necessary for the Claim Construction Hearing; and

(4) Whether any party proposes to call one or more witnesses at the Claim Construction Hearing, the identity of each such witness, and for each witness, a summary of his or her testimony including, for any expert, each opinion to be offered related to claim construction.

(d) Completion of Claim Construction Discovery

Not later than twenty-one (21) days after the filing of the Joint Claim Construction and Prehearing Statement, the parties shall complete all discovery relating to claim construction, including any depositions with respect to claim construction of any witnesses, including experts, identified in the Joint Claim Construction and Prehearing Statement.

(e) Claim Construction Briefs

(1) Not later than twenty-one (21) days after the deadline for completion of claim construction discovery as set forth in section (d) above, the parties shall file their respective opening briefs and any evidence supporting their claim constructions. Each party's opening brief may not exceed thirty (30) pages absent prior leave of court;

(2) Not later than fourteen (14) days after service of an opening brief, each opposing party shall file its responsive brief and supporting evidence. Each party's responsive brief may not exceed twenty (20) pages absent prior leave of court;

(3) Further briefing (including reply and surreply briefing) is not permitted without prior leave of court.

(f) Claim Construction Hearing

Not later than sixty (60) days after service of responsive briefs, and subject to the convenience of the court's calendar, the court will conduct a claim construction hearing if the court believes a hearing is necessary for construction of the claims at issue. The court may also order in its discretion a tutorial hearing, to occur before, or on the date of, the claim construction hearing. The court will work expeditiously to issue a prompt claim construction order after the hearing.

History

(§§ (a) and (b) amended 12/1/15)