Local Rule Rule 802: Scheduling Conference

RULE 802. SCHEDULING CONFERENCE

Within seven (7) days after an Answer has been filed or, with respect to a case that has been transferred to this District, within seven (7) days after the case has been docketed, Plaintiff's counsel shall contact all counsel and Chambers to arrange a telephone conference between counsel for the parties and Chambers for the purpose of scheduling a Scheduling Conference. Counsel should be prepared to address the following issues during the Scheduling Conference:

a. Proposed modification of the obligations or deadlines set forth in Section VIII of the Local Rules;

b. The scope and timing of discovery, including expert witness disclosures and expert witness depositions, and limits on the total number of hours of fact witness depositions;

c. The scope and timing of dispositive motions;

d. Limits on the number of patent claims that can be construed by each party;

e. The format of the Claim Construction Hearing, including whether the Court will hear live testimony, the order of presentation, and the estimated length of the hearing;

f. How the parties intend to educate the Court on the patent(s) at issue;

g. The need for any Confidentiality Order in accordance with L.R. 104.13;

h. Whether any party intends to seek discovery of electronically stored information and whether the parties have reached an agreement on such discovery. (The Court will expect that counsel will have reviewed the Principles for the Discovery of Electronically Stored Information in Civil Cases, published on the Court's website.);

i. Whether the parties unanimously consent to proceed before a United States Magistrate Judge;

j. Whether the parties jointly request an early settlement or ADR conference; and

k. The applicability and propriety of the form of Stipulated Order referenced in L.R. 104.13.

Unless justice requires otherwise, the Court will approve reasonable adjustments to the deadlines set forth in Section VIII of the Local Rules when (1) all parties agree to the adjustments; (2) a case involves particularly complex technologies or a large number of patents; (3) the parties include non-U.S. entities or individuals; or (4) a substantial portion of the testimonial or documentary evidence will require translation to English.