Local Rule Rule 1 (Patent): Introduction

Rule 1 Introduction 1.1 Preamble In recognition of the complexities and uniqueness of issues associated with management of patent infringement litigation, and to ensure just, efficient, and economical handling of such cases, the United States District Court for the Northern District of New York hereby enacts the following rules of practice for patent cases before the Court. These rules are calculated to provide a standard structure for addressing the issues which typically arise in such cases, and to foster predictability and facilitate planning for the litigants and the Court.

1.2 Scope and Construction These rules apply to all civil actions filed in or transferred to this Court which allege infringement of a patent in a complaint, counterclaim, cross-claim or third-party claim, or which seek a declaratory judgment that a patent is not infringed, is invalid or is unenforceable. The local civil rules of this Court shall also apply to such actions, except to the extent that they are inconsistent with these local patent rules.

1.3 Modifications of These Rules The Court may, in its discretion, modify any of the obligations or deadlines set forth in these proposed rules based upon the circumstances of any particular case including, without limitation, the degree of complexity of the case as shown by the number of patents, products, or parties involved. Such modifications will in most instances be made at the initial Rule 16 scheduling conference, but may be made at other times by the Court either sua sponte or at the request of a party, upon a showing of good cause. A party may at any time request modification of the requirements of these rules by letter request to the assigned magistrate judge on notice to opposing counsel provided, however, that before requesting such modification the parties must meet and confer for the purpose of attempting to reach an agreement, if possible, with respect to any proposed modification.

1.4 Citation These rules shall be cited as "L. Pat. R. ___."

1.5 Effective Date These local patent rules will take effect on January 1, 2012, and will govern all patent cases filed in, or transferred or removed to, this Court on or after that date. For any actions pending prior to that effective date, the Court will confer with the parties and apply these rules as the Court deems practicable.