Free Order - District Court of Delaware - Delaware

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(Patent Revised 2/08) RULE 16 SCHEDULING ORDER The parties having satisfied their obligations under Fed. R. Civ. P. 26(f), IT IS ORDERED that: 1. Pre-Discovery Disclosures. The parties [have

exchanged] [will exchange] by (date) the information required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.1. 2. Joinder of other Parties. All motions to join (date) .

other parties shall be filed on or before 3. Settlement Conference.

Pursuant to 28 U.S.C. §636,

this matter is referred to Magistrate Judge ___________ for the purposes of exploring the possibility of a settlement. parties agree that they would benefit from a settlement conference, the parties shall contact the Magistrate Judge to schedule a settlement conference so as to be completed no later than the Pretrial Conference or a date ordered by the Court. 4. Discovery. (a) Exchange and completion of contention interrogatories, identification of fact witnesses and document production shall be commenced so as to be completed by (date) (b) Maximum of interrogatories, including . If the

contention interrogatories, for each side. (c) Maximum of requests for admission by

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each side. (d) Maximum of and depositions by plaintiff(s)

by defendant(s), excluding expert depositions.

Depositions shall not commence until the discovery required by Paragraph 3(a, b and c) is completed. (e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due from the party with the burden of proof on the issue the expert is offered thirty (30) days after the issuance of the Court's Markman decision. (f) Any party desiring to depose an expert witness shall notice and complete said deposition no later than thirty (30) days from receipt of said expert's report, unless otherwise agreed in writing by the parties or ordered by the Court. 5. Non-Case Dispositive Motions. (a) Any non-case dispositive motion, along with an Opening Brief, shall be filed with a Notice of Motion. The

Notice of Motion shall indicate the date on which the movant seeks to have the motion heard. The hearing date selected shall

allow time for filing of the motion, allow for briefing in accordance with the Federal and Local Rules, and shall permit all briefing to be filed no later than 12:00 noon the Friday before the motion day on which it is to be heard. Available motion

dates will be posted on the Court's website at: http://www.ded.uscourts.gov/JJFmain.htm (b) At the motion hearing, each side will be

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allocated ten (10) minutes to argue and respond to questions from the Court. (c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to Chambers by-email at: [email protected] 6. Amendment of the Pleadings. All motions to amend . Any case dispositive

the pleadings shall be filed on or before 7. Case Dispositive Motions.

motions, pursuant to the Federal Rules of Civil Procedure, shall be served and filed with an opening brief on or before 20 . Briefing shall be pursuant to D. Del. LR 7.1.2. , No case

dispositive motion may be filed more than ten (10) days from the above date without leave of the Court. The parties shall follow

the Court's procedures for summary judgment motions which is available on the Court's website at: http://www.ded.uscourts.gov/JJFmain.htm 8. Markman. A Markman Hearing, if necessary, will be The parties shall identify and exchange

held on _______________.

their contentions at least forty-five (45) days before the Markman Hearing. Briefing on the claim construction issues shall

be completed at least twenty (20) days prior to the hearing. The Court, after reviewing the briefing, will allocate time to the parties for the hearing. 9. Applications by Motion. (a) Any applications to the Court shall be by

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written motion filed with the Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil Practice for the United States District Court for the District of Delaware (Amended Effective June 30, 2007). Any non-

dispositive motion shall contain the statement required by D. Del. LR 7.1.1 and be made in accordance with the Court's February 1, 2008 Order on procedures for filing non-dispositive motions in patent cases. pages. Briefs shall be limited to no more than ten (10)

Parties may file stipulated and unopposed Orders with the The Court

Clerk of the Court for the Court's review and signing.

will not consider applications and requests submitted by letter or in a form other than a motion. (b) No facsimile transmissions will be accepted. (c) No telephone calls shall be made to Chambers. (d) Any party with a true emergency matter requiring the assistance of the Court shall e-mail Chambers at: [email protected]. The e-mail shall provide a short

statement describing the emergency. 10. Pretrial Conference and Trial. After reviewing

the parties' Proposed Scheduling Order, the Court will schedule a Pretrial Conference. The Court will determine whether the trial date should be scheduled when the Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is

deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a trial to be held within sixty

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(60) to ninety (90) days of the Pretrial Conference.

_______________________ DATE

____________________________ UNITED STATES DISTRICT JUDGE