Initial Patent Scheduling Order

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS , Plaintiff(s), v. Case No. , Defendant(s). INITIAL PATENT SCHEDULING ORDER On [date], in accordance with Fed. R. Civ. P. 16, the undersigned U.S. Magistrate Judge, , conducted a scheduling conference in this case with the parties.1 Plaintiff appeared [through counsel, (list attorneys)] [in person]. Defendant appeared [through counsel, (list attorneys)] [in person]. After consultation with the parties and mindful of the Patent Local Rules, the court enters this initial patent scheduling order: 1As used in this initial patent scheduling order, the term 223plaintiff224 includes plaintiffs as well as counterclaimants, cross-claimants, third-party plaintiffs, intervenors, and any other parties who assert affirmative claims for relief. The term 223defendant224 includes defendants as well as counterclaim defendants, cross-claim defendants, third-party defendants, and any other parties who are defending against affirmative claims for relief. American LegalNet, Inc. www.FormsWorkFlow.com 2 SUMMARY OF DEADLINES AND SETTINGS Event Deadline/Setting Service of Rule 26(a) Initial Disclosures Deadline for amending pleadings Deadline for completing mediation Submit Proposed Protective Order [14 days before Rule 16 Conference] Service of Disclosure of Asserted Claims and Infringement Contentions and Document Production Accompanying Disclosure [ 21 days after Rule 16 Conference] Service of Invalidity Contentions and Document Production Accompanying Invalidity Contentions [ 70 days after service of Disclosure of Asserted Claims and Infringement Contentions] Exchange of Proposed Terms for Construction [14 days after service of Invalidity Contentions] Exchange of Preliminary Claim Construction s and Extrinsic Evidence [21 days after exchange of Proposed Terms for Construction] File Joint Claim Construction Statement [42 days after exchange of Proposed Terms for Construction] Completion of claim construction discovery [28 days after filing of Joint Claim Construction Statement] Service of opening claim constructi on brief [42 days after filing of Joint Claim Construction Statement] Service of responsive claim construction brief [28 days after service of opening brief] Service of reply claim construction brief [14 days after service of responsive brief] File Final Claim Construction Chart [ 7 days before claim construction hearing] Claim Construct ion Hearing (court222s discretion) [ to be determined ] Service of Amended Infringement Contentions [28 days after filing by court of its claim construction order] Deadline for Advice of Counsel [ 42 days after filing by court of its claim construction order] Parties submit joint proposed scheduling order for remaining deadlines in action [ 42 days after filing by court of i ts claim construction order] Service of Amended Invalidity Contentions [56 days after filing by court of its claim construction order] American LegalNet, Inc. www.FormsWorkFlow.com 3 1. Modification to Patent Local Rules. The parties propose the following modifications to the obligations or deadlines set forth in the Patent Local Rules. (List modifications to the obligations or deadlines and provide a concise explanation for the modification.) 2. Discovery. a. The court [considered] [resolved] the following discovery problem(s) raised by one or more of the parties. (List problems and proposed resolutions, if any.) b. The parties agree that electronically stored information (ESI) in this case will be handled as follows: (Describe the parties222 ESI agreement.) c. No party may serve more than interrogatories, including all discrete subparts, on any other party. d. No more than depositions may be taken by plaintiff, and no more than depositions may be taken by defendant. Each deposition is limited to hours [except for the deposition(s) of , which is limited to hours]. All depositions are governed by the written guidelines that are available on the court222s website ( http://ksd.uscourts.gov/index.php/deposition- guidelines/ ) 3. Professionalism. This court, like the Kansas Supreme Court, has formally adopted the Kansas Bar Association222s Pillars of Professionalism (2012) as aspirational goals to guide lawyers in their pursuit of civility, professionalism, and service to the public. Counsel are expected to familiarize themselves with the Pillars of Professionalism ( http://ksd.uscourts.gov/wp- content/uploads/2018/01/2-15-13-Pillars-of-Professionalism.pdf ) and conduct themselves American LegalNet, Inc. www.FormsWorkFlow.com 4 accordingly. This initial patent scheduling order will not be modified except by leave of court upon a showing of good cause. IT IS SO ORDERED. Dated , 20, at , Kansas. (Judge222s name) U.S. Magistrate Judge American LegalNet, Inc. www.FormsWorkFlow.com