Local Rule Rule 5 (Patent): Post Claim Construction Procedures

Rule 5 Post Claim Construction Procedures 5.1 For Cases Not Involving Separate Claim Construction Proceedings For the purpose of this Local Patent Rule 5, in the case where there is no Claim Construction Proceeding, then any date herein which is otherwise measured from entry of the Court's claim construction order or from the Court's decision on claim construction shall be measured instead from 30 days from the date of service of materials under Local Patent Rule 3, namely the Accused Non-Infringement, Invalidity and Unenforceability Contentions.

5.2 Advice of Counsel

(a) Unless otherwise ordered by the Court, not later than thirty (30) days after entry of the Court's claim construction order, or upon such other date as is set by the Court, each party relying upon advice of counsel as part of a patent-related claim or defense for any reason shall:

(1) Produce or make available for inspection and copying any written advice and documents related thereto for which the attorney-client privilege and work product protection have been waived;

(2) Provide a written summary of any oral advice and produce or make available for inspection and copying that summary and documents related thereto for which the attorney-client privilege and work product protection have been waived; and

(3) Serve a privilege log identifying any documents other than those identified in subpart (1) above, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the advice which the party is withholding on the grounds of attorney-client privilege or work product protection.

(b) After advice of counsel information becomes discoverable pursuant to Local Patent Rule 5.2(a) a party claiming willful infringement may take the depositions of any attorneys preparing or rendering the advice relied upon and any persons who received or claims to have relied upon such advice.

(c) A party who does not comply with the requirements of this Local Patent Rule 5.2 shall not be permitted to rely on advice of counsel for any purpose absent a stipulation of all parties or an order of the Court.

5.3 Opening Expert Reports A party expecting to offer expert testimony on issues other than claim construction on which it bears the burden of proof, including damages, shall disclose and serve upon all parties the name, address, and curriculum vitae of any expert witness expected to testify at trial, together with a list of publications authored by him or her within the past ten years, and a list of cases in which the expert has given deposition or trial testimony during the past four years, together with a report as required under Fed. R. Civ. P. 26(a)(2)(B), within sixty (60) days following the issuance of the Court's decision on claim construction.

5.4 Responsive Expert Reports A party expected to offer responsive expert testimony on issues on which the opposing party bears the burden of proof shall disclose and serve upon all parties the name, address, and curriculum vitae, of any expert witnesses expected to testify at trial, together with a list of publications authored by him or her within the past ten years, and a list of cases in which the expert has given deposition or trial testimony during the past four years, together with a report as required under Fed. R. Civ. P. 26(a)(2)(B) within thirty (30) days following disclosure and service of the opposing party's expert report in accordance with Local Patent Rule 5.3.

5.5 Completion of Discovery All discovery in the case, including expert depositions, must be completed within one hundred twenty (120) days following the issuance of the Court's decision on claim construction.

5.6 Deadline For Filing Dispositive Motions All dispositive motions in the case shall be filed within thirty (30) days after the scheduled date for the end of all discovery.