Judge Christopher J. Burke

A redacted version of any sealed document must be filed electronically.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

The redacted version of a sealed document must be filed electronically.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

Mediation statements must not be electronically filed.

Mediation statements shall not be electronically filed since they are not part of the Court record.

Page 4 | CONFIDENTIAL MEDIATION STATEMENTS

ADR/mediation communications, including scheduling or rescheduling communications, must not be e-filed or docketed.

any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed.

Page 1 | Communications and Mediation Statements Not to Be Filed or Docketed

Mediation statements must not be e-filed or docketed.

Mediation statements are not to bee-filed or docketed.

Page 1 | Communications and Mediation Statements Not to Be Filed or Docketed

Unless the parties agree otherwise, they must make Rule 26(a)(1) initial disclosures within five days of the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order.

Civil cases

Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Civil cases

Page 1 | Application to Court for Protective Order

A motion to seal or redact a transcript must be filed promptly after the transcript is completed.

Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript.

Civil cases

Page 2 | Papers Filed Under Seal

A redacted version of a sealed document must be filed within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

In ANDA cases, a motion objecting to expert testimony under Daubert must be made no later than fourteen days after expert discovery closes, unless the Court orders otherwise.

[For ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.

Civil cases

Page 6 | Scheduling Order

In non-ANDA cases, a motion objecting to expert testimony under Daubert must be made by the dispositive-motion deadline, unless the Court orders otherwise.

[For non-ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 6 | Scheduling Order

A comment on an opposing party's tutorial must be filed no later than seven days after the Joint Claim Construction Brief is due.

Any such comment shall be filed no later than seven days after the Joint Claim Construction Brief is due.

Civil cases

Page 11 | Tutorial Describing the Technology and Matters in Issue

The joint letter notifying the Court about the claim-construction hearing must be filed no later than the Joint Claim Construction Brief due date.

The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.

Civil cases

Page 13 | Scheduling Order

Each party must file its Motion for Claim Construction at the same time as the Joint Claim Construction Brief.

Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief.

Civil cases

Page 13 | Scheduling Order

A Rule 56 case-dispositive motion may not be filed more than 10 days before the specified deadline without Court leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 14 | Scheduling Order

In non-ANDA cases, case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the date specified.

[For non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ . Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.

Civil cases

Page 14 | Scheduling Order

Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website (www.ded.uscourts.gov), on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website (www.ded.uscourts.gov), on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

Civil cases

Page 17 | Scheduling Order

For jury trials, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms three full business days before the final pretrial conference.

Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference.

Civil cases

Page 18 | 21. Jury Instructions, Voir Dire, and Special Verdict Forms

The parties must file the judgment order within seven days after the verdict and file the joint status report at the same time.

Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.

Civil cases

Page 19 | 23. Judgment on Verdict and Post-Trial Status Report

When deposition objections remain unresolved, the party calling the witness must submit materials on behalf of all parties at least two calendar days before the witness is called at trial.

If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties:

Civil cases

Page 4 | V. Witnesses

The completed exhibit list must be delivered on or before the first day of trial.

On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.

Civil cases

Page 7 | VI. Exhibits

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Civil cases

Page 1 | Application to Court for Protective Order

Motions to join parties or amend or supplement pleadings must be filed by the date specified in the Order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before ___________, 202_.

Civil cases

Page 1 | Joinder of Other Parties and Amendment of Pleadings

Unless the parties agree otherwise, they must make their initial disclosures within five days of the Order.

Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order.

Civil cases

Page 1 | Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard

A party choosing to seek transcript sealing or redaction must promptly file a motion after the transcript is completed; the supplied text ends mid-sentence.

Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of

Civil cases

Page 2 | Papers Filed Under Seal

The redacted version must be filed within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

An objection to expert testimony under Daubert and Evidence Rule 702 must be made by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Civil cases

Page 5 | Objections to Expert Testimony

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the specified date, approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 10 | Case Dispositive Motions

A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline unless the Court grants leave.

No early motions without leave. No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Civil cases

Page 10 | Case Dispositive Motions

The interim status report joint letter is due on the date specified in the order, which is left blank in this text.

On _______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.

Civil cases

Page 10 | Interim Status Report

The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Non-Patent Pretrial Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website, on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

The parties shall file with the Court the joint proposed final pretrial order with the information required by the form of Final Non-Patent Pretrial Order, which can be found in the “Forms” tab on Judge Burke’s section of the Court’s website, on or before ________, 202_. [The parties should insert a date no less than seven (7) days before the requested pretrial conference date.]

Civil cases

Page 12 | Scheduling Order

three (3) full business days before the final pretrial conference.

three (3) full business days before the final pretrial conference.

Civil cases

Page 13 | Scheduling Order

Objections to a Magistrate Judge’s decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Counsel must submit the participant list to the opposing party or parties no later than the date mediation statements are due.

No later than the date on which mediation statements are due (see ¶ 5 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives who will be attending mediation on behalf of their party, to the opposing party or parties.

Page 3 | CONTACT INFORMATION FOR REQUIRED PARTICIPANTS

Counsel must provide the separate contact-information writing no later than the date mediation statements are due.

No later than the date on which mediation statements are due (see ¶ 5 below), counsel shall provide to the Court in a writing separate from the mediation statement, for each attorney who will be attending the mediation conference: (i) a direct dial work telephone number, (ii) a cellular telephone number, and (iii) an e-mail address where the attorney can be regularly reached.

Page 3 | CONTACT INFORMATION FOR REQUIRED PARTICIPANTS

A separate written request for representatives to use electronic devices contrary to the Standing Order is due no later than the mediation-statement due date.

Any request that representatives of a party be permitted to utilize electronic devices during the mediation conference (i.e., contrary to the provisions in the Standing Order) shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 5 above).

Page 6 | REQUEST TO BRING ELECTRONIC EQUIPMENT

The website request for WiFi authorization must be submitted no later than five business days before the scheduled mediation conference.

It is the responsibility of Delaware counsel to complete and submit the required form on the website to obtain authorization of the Court, no later than 5 business days prior to the date on which the mediation conference is scheduled.

Page 7 | REQUEST TO BRING ELECTRONIC EQUIPMENT

Objections to a Magistrate Judge’s decision are due within 14 days after service of the R&R or Order.

WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order,

Civil cases

Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Motions to join parties or amend or supplement pleadings must be filed by the date left blank in the order.

All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before ___________, 202_.

Civil cases

Page 1 | Joinder of Other Parties and Amendment of Pleadings

The parties may (though they are not required to) provide the Court, no later than the date on which the Joint Claim Construction Brief is due, with a tutorial on the technology at issue.

The parties may (though they are not required to) provide the Court, no later than the date on which the Joint Claim Construction Brief is due, with a tutorial on the technology at issue.

Civil cases

Page 11 | Tutorial Describing the Technology and Matters in Issue

A party must provide direct-examination exhibits by 3:00 p.m. on the day before their intended use.

A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use,

Civil cases

Page 4 | VI. Exhibits

The parties must exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

Civil cases

Page 4 | VI. Exhibits

Objections to direct-examination exhibits must be provided no later than 7:30 p.m. the night before their intended use.

objections will be provided no later than 7:30 p.m. the night before their intended use.

Civil cases

Page 4 | VI. Exhibits

A party must provide demonstrative exhibits for direct examination by 3:00 p.m. on the day before their intended use.

A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use,

Civil cases

Page 4 | VI. Exhibits

Objections to opening-statement demonstratives must be provided by noon on the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.

Civil cases

Page 4 | VI. Exhibits

The plaintiff's opening and reply claim-construction briefs and the defendant's answering and sur-reply briefs must be served but not individually filed.

Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on claim construction on or before ____________, 202_. Defendant shall serve, but not file, its answering claim construction brief, not to exceed 30 pages, on or before ____________, 202_. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on or before ____________, 202_. Defendant shall serve, but not file, its sur- reply brief, not to exceed 10 pages, on or before ____________, 202_.

Civil cases

Page 12 | Claim Construction Briefing

[For non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ . Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.

[For non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ . Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.

Civil cases

Page 14 | Scheduling Order

Objections to opening-statement demonstratives must be provided by noon on the day before opening statements.

The parties will provide any objections to such demonstratives by 12:00 p.m (noon) on the day before opening statements.

Civil cases

Page 7 | B. Demonstrative Exhibits

Direct-examination demonstratives must be provided by 6:00 p.m. the night before use, and objections must be provided by 8:00 p.m. that night.

A party will provide demonstrative exhibits to be used in connection with direct examination by 6:00p.m. the night before their intended use, and objections will be provided no later than 8:00p.m. the night before their intended use.

Civil cases

Page 7 | B. Demonstrative Exhibits

The parties must exchange opening-statement demonstratives by 8:00 p.m. two nights before opening statements.

The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.

Civil cases

Page 7 | B. Demonstrative Exhibits

Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served by the specified date, approximately four months before the pretrial conference.

All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ [a date approximately four months prior to the pretrial conference].

Civil cases

Page 10 | Case Dispositive Motions

If a demonstrative changes after the deadline, the party intending to use it must promptly notify the opposing party of the changes.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

Civil cases

Page 4 | VI. Exhibits

A person or party subject to the protective order must promptly notify the party whose designated information is the subject of a disclosure motion.

Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.

Civil cases

Page 2 | Application to Court for Protective Order

A party may read uncontested facts to the jury or Court only after giving prior notice to all other parties.

Any party, with prior notice to all other parties, may read any or all of the uncontested facts to the jury or Court

Civil cases

Page 2 | III. Facts — A. Uncontested Facts

A party intending to use a demonstrative must promptly notify the opposing party of any changes made after the deadline.

If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s).

Civil cases

Page 7 | B. Demonstrative Exhibits

Demonstratives created during testimony, demonstratives for cross-examination, and blow-ups or highlights of exhibits or testimony need not be provided to the other side in advance.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross-examination, neither of which need to be provided to the other side in advance of their use. In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

Civil cases

Page 8 | B. Demonstrative Exhibits

Demonstratives created during testimony and demonstratives for cross-examination need not be provided under this provision.

This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the

Civil cases

Page 4 | VI. Exhibits

Blow-ups or highlights of exhibits or testimony need not be provided to the other side before use.

In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use.

Civil cases

Page 5 | VI. Exhibits

The Court encourages parties to serve and respond to contention interrogatories early in the case.

The Court encourages the parties to serve and respond to contention interrogatories early in the case.

Civil cases

Page 5 | Scheduling Order

The parties must provide two courtesy copies of briefs and supporting documents, including sealed papers, by noon on the business day after electronic filing unless the Court orders otherwise.

The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.

Civil cases

Page 3 | Courtesy Copies

The parties must comply with paragraph 5’s courtesy-copy submission requirements; failure to do so may result in cancellation of the telephone conference.

The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.

Civil cases

Page 8 | Discovery

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

Civil cases

Page 18 | 21. Jury Instructions, Voir Dire, and Special Verdict Forms

The parties must provide two courtesy copies of all briefs, supporting documents, and papers filed under seal by noon on the business day after electronic filing.

The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.

Civil cases

Page 3 | Courtesy Copies

The parties must comply with paragraph 5’s courtesy-copy requirements or the telephone conference may be cancelled.

The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.

Civil cases

Page 13 | Scheduling Order

In pro se cases with Rule 72 objections, a represented party must provide the assigned District Judge a courtesy copy of all related filings within five days after the objections are filed, unless the District Judge orders otherwise.

IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

Parties must provide two courtesy copies of briefs and documents supporting them, including sealed papers, by noon the business day after electronic filing, unless the Court orders otherwise.

Unless a specific Order to the contrary is entered in a case, all parties shall provide to the Court two (2) courtesy copies of all briefs (including letter briefs), as well as any documents filed in support of such briefs (i.e., appendices, exhibits, declarations, affidavits, tutorials, etc.). This Order also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.

Page 1 | STANDING ORDER REGARDING COURTESY COPIES

Unless a specific Order to the contrary is entered in a case, all parties shall provide to the Court two (2) courtesy copies of all briefs (including letter briefs), as well as any documents filed in support of such briefs (i.e., appendices, exhibits, declarations, affidavits, tutorials, etc.). All parties shall provide one (1) copy of any other document filed (e.g., letters and stipulations). This Order also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.

Unless a specific Order to the contrary is entered in a case, all parties shall provide to the Court two (2) courtesy copies of all briefs (including letter briefs), as well as any documents filed in support of such briefs (i.e., appendices, exhibits, declarations, affidavits, tutorials, etc.). All parties shall provide one (1) copy of any other document filed (e.g., letters and stipulations). This Order also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.

Page 1 | STANDING ORDER REGARDING COURTESY COPIES

When Rule 72 objections are filed, the objecting party must provide the assigned District Judge a courtesy copy of all related filings no later than five days after filing the objections, unless the District Judge orders otherwise.

IT IS ORDERED THAT in all cases in which such objections are filed, unless otherwise ordered by the District Judge, the objecting party must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.

Civil cases

Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72

A party pursuing transcript sealing or redaction must promptly file a motion after the transcript is completed, attach the specified transcript copies, and demonstrate good cause and why disclosure should be restricted.

Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of

Civil cases

Page 2 | Papers Filed Under Seal

Counsel filing under seal must follow the cited policies and electronically file a redacted version within seven days of filing the sealed document.

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

A party choosing to seek transcript sealing or redaction must promptly file a motion after the transcript is completed, attach a highlighted complete transcript and a proposed redacted or sealed transcript, and demonstrate good cause; the supplied text ends mid-sentence.

Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of

Civil cases

Page 2 | Papers Filed Under Seal

A redacted version of each sealed document must be filed electronically within seven days after the sealed document is filed.

A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.

Civil cases

Page 2 | Papers Filed Under Seal

When filing under seal, counsel must follow the District Court’s sealed-civil-document policy and section G of the electronic filing and service procedures.

When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means.

Civil cases

Page 2 | Papers Filed Under Seal

Mediation statements must remain confidential: they are not exchanged absent joint agreement, provided to the trial judge, or made part of the record.

The statements shall not be exchanged among the parties or counsel (unless the parties jointly agree to do so), shall not be provided to the trial judge, and shall not become part of the record in this matter.

Page 3 | CONFIDENTIAL MEDIATION STATEMENTS

A party intending to seek sealing or redaction of a proceeding transcript should state that intent at the start of the proceeding.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.

Civil cases

Page 2 | Papers Filed Under Seal

The parties may file their tutorials under seal, subject to any protective order in effect.

The parties may choose to file their tutorial(s) under seal, subject to any protective order in effect.

Civil cases

Page 11 | Tutorial Describing the Technology and Matters in Issue

A party intending to seek sealing or redaction of a proceeding transcript should state that intent at the start of the proceeding.

Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.

Civil cases

Page 2 | Papers Filed Under Seal

In limine requests and responses may not be separately filed or briefed and must be included in the proposed pretrial order, subject to the Court's stated exceptions.

[Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to five (5) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.]

Civil cases

Page 5 | IX. Motions in Limine

The parties must combine their unfiled claim-construction briefs into one Joint Claim Construction Brief, arrange positions on each claim term in sequential order, and file it by the stated deadline.

No later than _____________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below:

Civil cases

Page 12 | Claim Construction Briefing

Motions in limine must not be filed separately; their requests and responses must be included in the proposed pretrial order.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 18 | 20. Motions in Limine

Separate briefing on in limine requests is prohibited unless the Court permits it.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 18 | 20. Motions in Limine

Motions in limine must not be filed separately; all in limine requests and responses must appear in the proposed pretrial order.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.

Civil cases

Page 8 | IX. Motions in Limine

Separate briefing on in limine requests is prohibited unless the Court permits it.

No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 9

In limine requests and responses must be included in the proposed pretrial order rather than separately filed or briefed, unless the Court permits otherwise.

Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) single-spaced pages of argument and may be opposed by a maximum of three (3) single-spaced pages of argument, and the party making the in limine request may add a maximum of one (1) additional single-spaced page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3)-page single-spaced submission (and, if the moving party, a single one (1)-page single-spaced reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.

Civil cases

Page 12 | Scheduling Order

When multiple parties support or oppose an in limine request, their arguments must be combined in one submission, with a single reply if applicable.

If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3)-page single-spaced submission (and, if the moving party, a single one (1)-page single-spaced reply), unless otherwise ordered by the Court.

Civil cases

Page 12 | Scheduling Order

Discovery motions must comply with the procedures that follow before filing; otherwise, they will be denied without prejudice to renew.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

Civil cases

Page 6 | Scheduling Order

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form:

Civil cases

Page 7 | Discovery

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Civil cases

Page 8 | Discovery

For a motion to amend, an opposing party must file a responsive letter within 7 days after the motion, and the moving party may file a reply within 3 days thereafter; the parties may also request a teleconference by that date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

Civil cases

Page 10 | Motions to Amend

For a motion to strike, an opposing party must file a responsive letter within 7 days after the motion, and the moving party may file a reply within 3 days thereafter; the parties may also request a teleconference by that date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

Civil cases

Page 10 | Motions to Strike

Motions to stay proceed by an accompanying letter rather than an opening brief, followed by an opposition letter within seven days and an optional reply and teleconference request within three days thereafter.

Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief. b. Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

Civil cases

Page 11 | Motions to Stay

A party seeking leave for an earlier case-dispositive motion must file a motion and a supporting letter brief; any response is due within seven days, and no reply is allowed.

A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a motion and an accompanying letter brief with the Court of no more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

Civil cases

Page 14 | Scheduling Order

In ANDA cases, case-dispositive motions will not be heard without party agreement and prior Court approval.

[For ANDA cases] Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases.

Civil cases

Page 14 | Scheduling Order

Before filing a discovery motion, the parties must make good-faith efforts to resolve the dispute, including verbal communication among designated counsel, and file a joint letter requesting a teleconference; noncompliant motions will be denied without prejudice.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form: The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.

Civil cases

Page 5 | Discovery Matters and Disputes Relating to Protective Orders

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Civil cases

Page 7 | Application to Court for Protective Order

An opposing party must file a responsive letter within 7 days after the motion is filed; the moving party may reply within 3 days thereafter, and the parties may request a teleconference by that same date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

Civil cases

Page 8 | Motions to Amend

An opposition letter to a motion to strike is due within seven days and limited to five single-spaced pages; an optional reply letter is due within three days thereafter and limited to two pages.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

Civil cases

Page 9 | Motions to Strike

An opposition letter to a motion to stay is due within seven days and limited to five single-spaced pages; an optional reply letter is due within three days thereafter and limited to two pages.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

Civil cases

Page 9 | Motions to Stay

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

Civil cases

Page 10 | Case Dispositive Motions

If counsel anticipate applying for a protective order, they should confer and try to agree on a proposed order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Civil cases

Page 1 | Application to Court for Protective Order

After the required submissions, the Court will set a telephone conference for the discovery dispute and a briefing schedule.

The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.

Civil cases

Page 8 | Discovery

Before seeking a protective order, counsel should confer and attempt to agree on a proposed order.

Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.

Civil cases

Page 1 | Application to Court for Protective Order

The parties should consult and follow Judge Burke’s Guidelines for Discovery Disputes.

The parties should also consult and follow Judge Burke’s “Guidelines for Discovery Disputes,” which is found in the “Guidelines” tab on Judge Burke’s section of the District Court’s website.

Civil cases

Page 6 | Discovery Matters and Disputes Relating to Protective Orders

After the parties’ submissions, the Court will set a protective-order dispute teleconference and briefing schedule.

The Court will thereafter set a protective order dispute teleconference and a briefing schedule.

Civil cases

Page 8 | Application to Court for Protective Order

The Court may order further briefing after the telephone conference or resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon the conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

Civil cases

Page 8 | Discovery

The Court may order further briefing after the teleconference or resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon the conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

Civil cases

Page 7 | Application to Court for Protective Order

The Joint Claim Construction Chart must be emailed to Samantha_Miller@ded.uscourts.gov simultaneously with filing.

The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to Samantha_Miller@ded.uscourts.gov.

Civil cases

Page 12 | Claim Construction Issue Identification

Counsel must immediately advise the Court of any problems complying with the Order to avoid sanctions.

To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.

Page 7 | AVOIDANCE OF SANCTIONS

A new substantive argument raised at the Markman hearing without advance notice may be deemed waived or forfeited; give the opposing side a heads-up and inform the Court by letter far enough in advance to provide fair notice.

If you want to make a substantive argument at the Markman hearing, and that argument is new—meaning it cannot be fairly said to relate to something you wrote in your briefing (like an argument you thought up for the first time in the days before the hearing)—then this is a problem. Arguments made for the first time during the hearing, with no advance notice to the opposing side or the Court, will likely be deemed waived or forfeited. If you plan to make an argument at the hearing that is not fairly presented in your briefing, then you should at least give the opposing side a heads-up before the hearing that you plan to raise the issue. And you should inform the Court by letter of the same. Even then, it may well be too late if the notice provided is not fair notice, or is not provided far enough in advance.

Civil cases

Page 3 | Tips Regarding Markman Briefing and Hearings

Parties with questions about mediation timing should contact Judge Burke’s Chambers by phone before the mediation.

If any party has questions about these timing requirements, they should contact Judge Burke’s Chambers by phone in advance of the mediation to address those questions.

Page 2 | TIMING OF ARRIVAL AND DEPARTURE FROM MEDIATION

Parties with questions about bringing a representative with settlement authority should contact Judge Burke’s Chambers by phone before the mediation.

If any party has any questions as to whether they are able to bring a representative with settlement authority to the mediation, they should contact Judge Burke’s Chambers by phone in advance of the mediation to address those questions.

Page 2 | REQUIRED PARTICIPANTS

A party should promptly raise concerns about the opposing party’s disclosed attendees with opposing counsel and the Court.

If a party has concerns regarding the disclosed attendees for the opposing party, they should raise those concerns promptly with counsel for the opposing party and with the Court.

Page 3 | CONTACT INFORMATION FOR REQUIRED PARTICIPANTS

ADR-related communications must be made as designated or ordered by the Magistrate Judge.

Such communications are to be made as designated or ordered by the Magistrate Judge.

Page 1 | Communications and Mediation Statements Not to Be Filed or Docketed

Attorneys practicing for less than seven years may be identified to argue a fully briefed motion; the Court will grant oral argument if practicable, strongly consider extra time, and permit appropriate assistance from experienced counsel, without drawing an adverse inference if no newer attorney argues.

This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ("newer attorney(s )"). Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned Judge encourages the participation of newer attorneys in proceedings in my courtroom-particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the briefing for the motion. To that end, the Court adopts the following procedures regarding oral argument as to pending motions: ( 1) After a motion is fully briefed, either as part of a Request for Oral Argument, or in a separate Notice filed thereafter, a party may alert the Court that, if argument is granted, it intends to have a newer attorney argue the motion (or a portion of the motion). (2) If such notice is provided, the Court will: (A) Grant the request for oral argument on the motion, if it is at all practicable to do so. (B) Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion. (C) Permit other more experienced counsel of record the ability to provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument. The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion. Thus, the Court emphasizes that it draws no inference from a party's decision not to have a newer attorney argue any particular motion before the Court. Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a newer attorney argue the motion.

Page 1 | Standing Order Regarding Courtroom Opportunities for Newer Attorneys