Rule 26(f) Report And Proposed Scheduling Order (Patent Cases)

RULE 26(f) REPORT AND PROPOSED SCHEDULING ORDER (Patent Cases) UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Name of Plaintiff, Plaintiff, v. Name of Defendant, Defendant. ______________________________________________________________________ The parties/counsel identified below conferred as required by Fed. R. Civ. P. 26(f) and the Local Rules, on ____________, and prepared the following report. The initial pretrial conference required under Fed. R. Civ. P. 16 and LR 16.2 is scheduled for ____________, 20____, before the United States Magistrate Judge _______________ in Room ______, of the U.S. Courthouse in _______________, Minnesota. The parties [request/do not request] that the initial pretrial conference be held by telephone. (a) Description of the Case. (1) Concise factual summary of plaintiff's claims, including the patent number(s), date(s) of patent(s), and patentee(s): (2) Concise factual summary of defendant's claims/defenses: (3) Statement of jurisdiction (including statutory citations): (4) Summary of factual stipulations or agreements: (5) Statement of whether a jury trial has been timely demanded by any party: (b) Pleadings. Statement as to whether all process has been served, all pleadings filed and any plan for any party to amend pleadings or add additional parties to the action: (c) Discovery and Pleading of Additional Claims and Defenses. 1 CIVIL FILE NO. ______ RULE 26(f) REPORT (PATENT CASES) American LegalNet, Inc. www.FormsWorkFlow.com (1) Discovery is permitted with respect to claims of willful infringement and defenses of patent invalidity or unenforceability not pleaded by a party, where the evidence needed to support these claims or defenses is in whole or in part in the hands of another party. (2) Once a party has given the necessary discovery, the opposing party may seek leave of Court to add claims or defenses for which it alleges, consistent with Fed. R. Civ. P. 11, that it has support, and such support must be explained in the motion seeking leave. Leave must be liberally given where prima facie support is present, provided that the party seeks leave as soon as reasonably possible following the opposing party providing the necessary discovery. (d) Fact Discovery. The parties recommend that the Court establish the following fact discovery deadlines and limitations: (1) The parties must make their initial disclosures under Fed. R. Civ. P. 26(a)(1) on or before ____________. (2)The parties must commence fact discovery procedures in time to be completed by ____________. (3) The parties propose that the Court limit the use and numbers of discovery procedures as follows: (A) ____________ interrogatories; (B) ____________ document requests; (C) ____________ factual depositions; (D) ____________ requests for admissions; and (E) ____________ other. (e) Discovery Relating to Claim Construction Hearing. (1) Plaintiff's Claim Chart. (A) Plaintiff's claim chart must be served on or before ____________. (B) Plaintiff's claim chart must provide a complete and detailed explanation of: (i) which claim(s) of its patent(s) it alleges are being infringed; (ii) which specific products or methods of defendant's it alleges literally infringe each claim; 2 American LegalNet, Inc. www.FormsWorkFlow.com (iii) where each element of each claim listed in paragraph (e)(1)(B)(i) is found in each product or method listed in paragraph (e)(1)(B)(ii), including the basis for each contention that the element is present; and (iv) if there is a contention by plaintiff that there is infringement of any claims under the doctrine of equivalents, plaintiff must separately indicate this on its claim chart and, in addition to the information required for literal infringement, plaintiff must also explain each function, way, and result that it contends are equivalent, and why it contends that any differences are not substantial. Plaintiff may amend its claim chart only by leave of the Court for good cause shown. (2) Defendant's Claim Chart. (A) Defendant's claim chart must be served on or before ____________. (B) Defendant's claim chart must indicate with specificity which elements on plaintiff's claim chart it admits are present in its accused device or process, and which it contends are absent, including in detail the basis for its contention that the element is absent. And, as to the doctrine of equivalents, Defendant must indicate on its chart its contentions concerning any differences in function, way, and result, and why any differences are substantial. Defendant may amend its claim chart only by leave of Court for good cause shown. (3) Exchange of Claim Terms and Proposed Constructions. (A) On or before ____________, the parties must simultaneously exchange a list of claim terms, phrases, or clauses that each party contends should be construed by the Court. (B) Following the exchange of the list of claim terms, phrases, or clauses, but before __________, the parties must meet and confer for the purpose of finalizing a list of claim terms, phrases or clauses, narrowing or resolving differences, and facilitating the ultimate preparation of a joint claim construction statement, and determining whether to request a pre-claim construction conference. (C) During the meet and confer process, the parties must exchange their preliminary proposed construction of each claim term, phrase or clause which the parties collectively have identified for claim construction purposes and will make this exchange on or before _____________. 3 American LegalNet, Inc. www.FormsWorkFlow.com (D) When exchanging their preliminary claim constructions, the parties must provide a preliminary identification of extrinsic evidence, including without limitation: dictionary definitions, citations to learned treatises and prior art, and testimony of percipient or expert witnesses that they contend support their respective claim constructions. (i) The parties must identify each such item of extrinsic evidence by production number or produce a copy of any such item not previously produced. (ii) With respect to any such witness, percipient or expert, the parties must also provide a brief description of the substance of that witness' proposed testimony. (4) Joint Patent Case Status Report. Following the meet and confer process outlined in paragraph (e)(3)(B)-(D), above, but no later than ____________, the parties must file a joint patent case status report. The joint patent case status report must address the followi