Judge Colm F. Connolly
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Briefing
- 2 copies • With Briefing
Courtesy copies
- 2 copies • With Briefing
Letter, Attachment
- 2 copies • Within One Hour of E Filing
Letter, Attachments
- 2 copies • Within One Hour of Efiling
Communication
Page & Word Limits20 rules
(a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the
- Letter
- Up to 3 pages
- Discovery motions
- Protective order motions
(b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
- Opposition letter
- Up to 3 pages
Opening and reply briefs are limited to 5,500 words, the answering brief to 8,250 words, and the sur-reply brief to 2,750 words.
- Plaintiff opening brief
- Up to 5,500 words
- Defendant answering brief
- Up to 8,250 words
- Plaintiff reply brief
- Up to 5,500 words
- Defendant sur-reply brief
- Up to 2,750 words
Court's wording
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on __________. The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on __________.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving parties, a single one-page reply).
Argument supporting or opposing each in limine request is limited to three pages, and reply argument is limited to one page.
- In limine support
- Up to 3 pages
- In limine opposition
- Up to 3 pages
- Motions in limine
Court's wording
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
Claim-construction opening, answering, reply, and sur-reply briefs are limited to 5,500, 8,250, 5,500, and 2,750 words, respectively.
- Opening brief
- Up to 5,500 words
- Answering brief
- Up to 8,250 words
- Reply brief
- Up to 5,500 words
- sur-reply
- Up to 2,750 words
Court's wording
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.
When a party files both case-dispositive and Daubert motions, each side may use 12,500 words total for opening briefs, 12,500 for answering briefs, and 6,250 for reply briefs.
Court's wording
In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.
For case-dispositive motions, each side is limited to 10,000 words total for opening briefs, 10,000 for answering briefs, and 5,000 for reply briefs.
- Opening brief
- Up to 10,000 words in total per side
- Answering brief
- Up to 10,000 words in total per side
- Reply brief
- Up to 5,000 words in total per side
- Case dispositive motions
Court's wording
Each party is permitted to file as many case dispositive motions as desired, provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.
The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words.
- Concise statement
- Up to 1,750 words
- Summary judgment motions
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request.
- Page limit
- Up to 3 pages
- Motions in limine
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, for the moving parties, a single one-page reply).
Where page limits are specified by local rule, the parties shall use a word-count limit. For each page allowed by local rule, the parties shall use up to 250 words.
- Word limit
- Up to 250 words
Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.
- Letter
- Up to 3 pages
An opposition letter may not exceed three pages.
- Opposition letter
- Up to 3 pages
Court's wording
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Claim-construction briefs must be served but not filed by the stated dates, with word limits of 5,500 for the plaintiff's opening and reply briefs, 8,250 for the defendant's answering brief, and 2,750 for the defendant's sur-reply.
- Plaintiff opening brief
- Up to 5,500 words
- Defendant answering brief
- Up to 8,250 words
- Plaintiff reply brief
- Up to 5,500 words
- Defendant sur-reply brief
- Up to 2,750 words
Court's wording
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on - - - - - -. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.
For case-dispositive motions, each side is limited to 10,000 words total for all opening briefs, 10,000 words total for all answering briefs, and 5,000 words total for all reply briefs.
- Opening brief
- Up to 10,000 words in total per side
- Answering brief
- Up to 10,000 words in total per side
- Reply brief
- Up to 5,000 words in total per side
- Case dispositive motions
Court's wording
Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs, regardless of the number of case dispositive motions that are filed.
For each side, all opening briefs on case-dispositive and Daubert motions are limited to 12,500 words, all answering briefs to 12,500 words, and all reply briefs to 6,250 words.
- Opening brief
- Up to 12,500 words per side
- Answering brief
- Up to 12,500 words per side
- Reply brief
- Up to 6,250 words per side
- Case dispositive motions
- Daubert motions
Court's wording
to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of words permitted for all case dispositive and Daubert motions shall be increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all answering briefs, and 6,250 words for all reply briefs.
The concise statement in support of or in opposition to a motion for summary judgment shall be no longer than 1,750 words.
- Concise statement
- Up to 1,750 words
In limine support and opposition are each limited to three pages, and reply to one page; when multiple parties participate, their submissions are combined within those limits.
- Supporting argument
- Up to 3 pages
- Opposition argument
- Up to 3 pages
- Motions in limine
Court's wording
each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one 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-page submission (and, for the moving parties, a single one-page reply).
But I limit the total number of words that can be used in the briefing filed in support of the filed motion or motions.
Document Format Requirements48 rules
Briefing, letters, and concise statements of facts must include pinpoint citations to supporting record materials or legal authority; unsupported controverted assertions will be ignored.
Court's wording
Pinpoint citations are required in all briefing, letters, and concise statements of facts. The Court will ignore any assertions of controverted facts and controverted legal principles not supported by a pinpoint citation to, as applicable: the record, an attachment or exhibit, and/or case law or appropriate legal authority.
Each exhibit and attachment to a letter, brief, or pretrial order must be separated by a tab.
Court's wording
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each brief filed in connection with a motion in limine in a pretrial order must be separated by a tab.)
Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
- Joint claim construction chart
Formatting
- •A similar typeface is also permitted
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening brief – Blue ii. Answering brief – Red iii. Reply brief – Gray
- Brief
Formatting
- •This requirement excludes motions in limine included in a pretrial order
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
Formatting
- •A similar typeface is also permitted
Any application to the Court shall be by written motion.
The producing party shall separately identify by production number the documents that correspond to each category set forth in this paragraph.
Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab.
- Letter
- Brief
- Pretrial order
Formatting
- •Each exhibit and attachment must be separated by a tab.
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: ( 1) Opening brief - Blue (2) Answering brief- Red (3) Reply brief - Gray
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.
The text for the Joint Claim Construction Chart shall be 14-point and in Times New Roman or a similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
- Joint claim construction chart
Formatting
- •A similar typeface to Times New Roman is also permitted
A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint Claim Construction Chart.
- File type
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
Formatting
- •A similar typeface is also permitted
Except as otherwise specified herein, any application to the Court shall be by written motion.
parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.
- File type
- Word
The text for all briefs, letters, motions, and concise statements of fact shall be 14-point and in Times New Roman or similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
- Brief
- Letter
- Motion
Formatting
- •A similar typeface is permitted
**Colors of Front Covers.** The covers of briefs filed in connection with all motions except for motions *in limine* included in a pretrial order shall be as follows: i. Opening Brief – Blue ii. Answering Brief – Red iii. Reply Brief - Gray
- Brief
Formatting
- •Opening briefs must have blue covers
- •Answering briefs must have red covers
- •Reply briefs must have gray covers
Each exhibit and attachment to a letter, brief, or pretrial order shall be separated by a tab.
Each exhibit and attachment shall have page numbers of some sort such that a particular page of an exhibit or attachment can be identified by a page number.
The covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: ( 1) Opening brief - Blue (2) Answering brief - Red (3) Reply brief- Gray
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.
- File type
- Word
The text for each brief shall be 14-point and in Times New Roman or a similar typeface.
- Font
- Times New Roman
- Font size
- 14 points
- Brief
Formatting
- •A similar typeface is also permitted
Document Filing Requirements164 rules
Upon filing a responsive pleading, defendants must produce to plaintiffs the entire ANDA or NDA underlying the alleged infringement.
Court's wording
upon the filing of a responsive pleading to the Complaint, Defendant(s) shall produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) that is(are) the basis of any alleged infringement.
As required by the Court's Standing Order Regarding Hatch-Waxman Cases in Which Infringement Is Alleged, upon the filing of a responsive pleading to the Complaint, Defendant(s) shall produce to Plaintiff(s) the entire Abbreviated New Drug Application(s) or New Drug Application(s) that is(are) the basis of the alleged infringement.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order.
Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted.
With the Invalidity Contentions, defendants must produce or make available qualifying prior art and produce English translations of any non-English portions relied upon.
Court's wording
8. Document Production Accompanying Invalidity Contentions. With the Invalidity Contentions, Defendant(s) shall produce or make available for inspection and copying a copy or sample of the prior art identified pursuant to paragraph 7(a) that does not appear in the file history of the asserted patent(s). To the extent any such item is not in English, an English translation of the portion(s) relied upon shall be produced.
Invalidity contentions must identify where prior art discloses each asserted-claim limitation and state the specified grounds of invalidity.
Court's wording
(c) A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function; and (d) Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description under 35 U.S.C. § 112(a) of any of the asserted claims.
Infringement Contentions must separately identify each defendant’s asserted claims, accused instrumentalities, claim-to-product mapping, and specified indirect-infringement information.
Court's wording
Separately for each Defendant, the Infringement Contentions shall contain the following information: (a) Each claim of each asserted patent that Plaintiff(s) allege(s) Defendant(s) infringe(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; (b) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each Defendant of which Plaintiff(s) is(are) aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus that, when used, allegedly results in the practice of the claimed method or process; (c) A chart identifying specifically where and how each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function; (d) For each claim alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of
To preserve the right to rely on an instrumentality as practicing the claimed invention, Plaintiff(s) must identify each such instrumentality separately for each asserted claim.
Court's wording
(g) If Plaintiff(s) wish(es) to preserve the right to rely, for any purpose, on the assertion that its(their) own or its(their) licensee's apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, Plaintiff(s) shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim ("Embodying Instrumentality").
(f) For any patent that claims priority to an earlier application, the priority date to which each asserted claim is alleged to be entitled; and
multiple parties, the role of each such party in the direct infringement must be described;
(e) Whether each limitation of each asserted claim is alleged to be present in the Accused Instrumentality literally or under the doctrine of equivalents;
Plaintiff(s) must produce or make available documents sufficient to evidence specified pre-application disclosures, sales, offers to sell, or public uses of the claimed invention.
Court's wording
Plaintiff(s) shall produce with the Infringement Contentions or make available for inspection and copying: (a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or each sale of or offer to sell, or any public use of, the claimed invention prior to the date of application for the asserted patent(s);
(c) If Plaintiff(s) identifies(y) instrumentalities pursuant to paragraph 9(g) of this Order, documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims.
Plaintiff(s) shall separately identify by production number the documents that correspond to each category set forth in this paragraph.
Plaintiff(s) must produce all documents evidencing conception, reduction to practice, design, and development created by the earlier applicable application or priority date.
Court's wording
(b) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, that were created on or before the date of application for the asserted patent(s) or the priority date(s) identified pursuant to paragraph 9(f) of this Order, whichever is earlier; and
Every proposed protective order must include the specified “Other Proceedings” paragraph.
Court's wording
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this Order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that the information may be relevant and subject to disclosure in another case. Any person or party subject to this Order who becomes subject to a motion to disclose another party's information designated as confidential 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.
The party shall submit as attachments to its letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.
The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought.
A separate text-searchable PDF of each of the patent(s) in issue shall be submitted with this Joint
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____.
This document will not be filed with the Court.
Each brief must include a certification by counsel that the brief complies with the type and number limitations set forth above.
Each Motion for Claim Construction must seek adoption of the party’s chart position, contain no argument, and state the specified request.
Court's wording
Each party shall file concurrently with the Joint Claim Construction Chart 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 Chart. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”
In this joint submission, the parties shall not provide argument.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Filing & Service rules
Electronic Filing Rules
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 13
Compendiums of cases may not be filed electronically, but a notice of service of a compendium must be filed electronically.
Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court.
Civil cases
Page 22 | 30. Compendium of Cases
A redacted version of every 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 days of the filing of the sealed document.
Civil cases
Page 13 | Papers Filed Under Seal
Compendiums of cases must not be filed electronically with the Court.
Compendiums of cases shall not be filed electronically with the Court,
Civil cases
Page 26 | Compendium of Cases
A notice of service of a compendium of cases must be filed electronically with the Court.
but a notice of service of a compendium of cases shall be filed electronically with the Court.
Civil cases
Page 26 | Compendium of Cases
A redacted version of any sealed document must be filed electronically.
A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 7 | Papers Filed Under Seal
Compendiums of cases must not be filed electronically with the Court.
Compendiums of cases shall not be filed electronically with the Court
Civil cases
Page 21 | Compendiums
A notice of service of a compendium of cases must be filed electronically with the Court.
a notice of service of a compendium of cases shall be filed electronically with the Court.
Civil cases
Page 21 | Compendiums
Filing Timing and Cure Windows
Motions to join parties or amend or supplement pleadings must be filed by a deadline that is left blank in the order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ____________.
Civil cases
Page 9 | 12. Joinder of Other Parties and Amendment of Pleadings
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 submit it to the Court within ten 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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 11 | 15. Application to Court for Protective Order
Unless otherwise ordered, the party seeking relief must file its dispute letter no later than 72 hours before the conference or argument.
(a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the
Civil cases
Page 11 | 16. Disputes Relating to Discovery Matters and Protective Orders
An opposing party may file its opposition letter no later than 48 hours before the conference or argument.
(b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Civil cases
Page 12 | 16. Disputes Relating to Discovery Matters and Protective Orders
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 13
The Joint Claim Construction Chart must be filed by the stated deadline.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____.
Civil cases
Page 14 | 19. Claim Construction Issue Identification
Each party must file a Motion for Claim Construction concurrently with the Joint Claim Construction Chart.
Each party shall file concurrently with the Joint Claim Construction Chart 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 Chart.
Civil cases
Page 15 | Claim Construction Chart
The parties must file the Joint Claim Construction Brief by the deadline left blank in the order.
No later than __________, the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 16 | 20. Claim Construction Briefing
Counsel must meet and confer and file an Amended Joint Claim Construction Chart within the specified window before the claim construction hearing.
On or before ____________ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.
Civil cases
Page 17 | 21. Meet and Confer Confirmation and Amended Claim Chart
The joint proposed final pretrial order is due by 5:00 p.m. on the date 21 days before the pretrial conference.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _______________ [21 days before the pretrial conference].
Civil cases
Page 20 | 28. Pretrial Conference
Unless the parties agree otherwise, the parties must make their 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 required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.
Civil cases
Page 1 | Rule 26(a)(l) Initial Disclosures
Unless the parties agree otherwise, a party claiming patent infringement must serve its Disclosure of Asserted Claims and Infringement Contentions on all parties no later than 30 days after the Order.
Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."
Civil cases
Page 2 | Disclosure of Asserted Claims and Infringement Contentions
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - -
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - -
Civil cases
Page 9 | Joinder of Other Parties and Amendment of Pleadings
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 submit it to the Court within ten 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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 11 | Application to Court for Protective Order
A redacted version of every sealed document must be filed within seven days after the sealed document is filed; the order does not specify whether these are calendar or business days.
A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 13 | Papers Filed Under Seal
The Joint Claim Construction Chart must be filed by the date left blank in the order.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than - - - - -.
Civil cases
Page 14 | Claim Construction Issue Identification
The parties must exchange the claim-construction list by the date left blank in the order.
On or before _ _ _ _ _ _ the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).
Civil cases
Page 14 | Claim Construction Issue Identification
Each party must file its Motion for Claim Construction at the same time as the Joint Claim Construction Chart and request adoption of its chart positions.
Each party shall file concurrently with the Joint Claim Construction Chart 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 Chart.
Civil cases
Page 15
The parties must file the Joint Claim Construction Brief no later than four weeks before the claim-construction hearing.
No later than _ _ _ _ _ _ _ [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 16 | Claim Construction Briefing
A request for prior Court approval to present testimony must be submitted by joint letter no later than the date answering claim-construction briefs are due to be served.
Absent prior approval of the Court (which, if it is sought, must be done by joint letter submission no later than the date on which answering claim construction briefs are due to be served)
Civil cases
Page 18 | Hearing on Claim Construction
Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the deadline specified in the order.
All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before _ _ _ _ _ _ _.
Civil cases
Page 19 | Case Dispositive and Daubert Motions
Reply briefs on Rule 56 motions are due by the date three months before the pretrial conference.
Reply briefs for any motions under Rule 56 shall be due on or before _ _ _ _ _ _ _ [three months before the pretrial conference].
Civil cases
Page 19 | No Early Motions Without Leave
Daubert-based objections to expert testimony must be made by the deadline for dispositive motions, unless otherwise ordered by the Court.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, 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 19 | Objections to Expert Testimony
Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)'s timeframes for preparing the joint final pretrial order.
Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the preparation of the proposed joint final pretrial order.
Civil cases
Page 25 | Pretrial Conference
The joint proposed final pretrial order is due by 5:00 p.m. 21 days before the pretrial conference.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
Civil cases
Page 25 | Pretrial Conference
The funding statement is due by the later of 45 days after the Order or 30 days after an initial pleading is filed or the matter is transferred to the District, including removal of a state action.
Within the later of 45 days of this Order or 30 days of the filing of an initial pleading or transfer of the matter to this District, including the removal of a state action
Civil cases
Page 1 | Standing Order Regarding Third-Party Litigation Funding Arrangements
Unless the parties agree otherwise, initial disclosures under Rule 26(a)(1) must be made within five days of the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures required by Federal Rule of Civil Procedure 26(a)(l) within five days of the date of this Order.
Civil cases
Page 1 | Rule 26(a)(1) Initial Disclosures
Unless the parties agree otherwise, Invalidity Contentions are due within 30 days after the Order.
Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party alleging that a claim of a patent is invalid or not enforceable shall serve on all parties its "Invalidity Contentions," which shall contain the following information:
Civil cases
Page 2 | Invalidity Contentions
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 submit it to the Court within ten 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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 5 | Application to Court for Protective Order
Unless the Court orders otherwise, the dispute letter must be filed no later than 72 hours before the conference or argument.
Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues.
Civil cases
Page 6 | Disputes Relating to Discovery Matters and Protective Orders
An opposition letter may be filed no later than 48 hours before the conference or argument.
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Civil cases
Page 7 | Disputes Relating to Discovery Matters and Protective Orders
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 days of the filing of the sealed document.
Civil cases
Page 7 | Papers Filed Under Seal
Each party must file a Motion for Claim Construction concurrently with the Joint Claim Construction Chart and request adoption of that party's charted construction position.
Each party shall file concurrently with the Joint Claim Construction Chart 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 Chart.
Civil cases
Page 9 | Claim Construction Issue Identification
The parties must file the Joint Claim Construction Brief no later than four weeks before the claim-construction hearing.
No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 10 | Claim Construction Briefing
The party with the initial burden must serve reply expert reports by the date left blank in the schedule.
Reply expert reports from the party with the initial burden of proof are due on or before
Civil cases
Page 13 | Disclosure of Expert Testimony
The party with the initial burden must serve its initial expert disclosure by the date left blank in the schedule.
For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _.
Civil cases
Page 13 | Disclosure of Expert Testimony
A Daubert-based objection to expert testimony 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 Pharmaceuticals, 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 otheiwise ordered by the Court.
Civil cases
Page 13 | Disclosure of Expert Testimony
Expert depositions must be completed by the date left blank in the schedule.
Depositions of experts shall be completed on or before _ _ _ _ _ __
Civil cases
Page 13 | Disclosure of Expert Testimony
The supplemental expert disclosure to contradict or rebut another party’s evidence is due by the date left blank in the schedule.
The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _.
Civil cases
Page 13 | Disclosure of Expert Testimony
Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the date left blank in the schedule.
All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before
Civil cases
Page 14 | Case Dispositive and Daubert Motions
Reply briefs for Rule 56 motions are due three months before the pretrial conference.
Reply briefs for any motions under Rule 56 shall be due on or before - - - - - - - [three months before the pretrial conference].
Civil cases
Page 14 | Case Dispositive and Daubert Motions
A Rule 56 case-dispositive motion may not be filed more than ten days before the dispositive-motion deadline without leave of Court.
No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.
Civil cases
Page 14 | Case Dispositive and Daubert Motions
The joint proposed final pretrial order is due by 5:00 p.m. 21 days before the pretrial conference.
The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
Civil cases
Page 19 | Pretrial Conference
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms by 5:00 p.m. 21 days before the pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5 :00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
Civil cases
Page 21 | Jury Instructions, Voir Dire, and Special Verdict Forms
In covered diversity cases, the party must file the Certification of Diversity Jurisdiction within 14 days of initiating the case in this Court.
At Wilmington on this Eighteenth day of April in 2022, it is HEREBY ORDERED in all cases assigned to Chief Judge Connolly where a party filed the action in this Court or removed the action to this Court based on diversity of the parties' citizenships, that the party shall file within 14 days of initiating the case in this Court a Certification of Diversity Jurisdiction in which the party identifies the name and citizenship of every owner, member, and partner of every party to the case that is a joint venture, limited liability corporation, partnership, or limited liability partnership, proceeding up the chain of ownership until the name and citizenship of every individual and corporation with a direct or indirect interest in every party has been identified.
Civil cases
Page 1 | STANDING ORDER REGARDING DISCLOSURE OF CITIZENSHIP OF ORGANIZATIONAL ENTITIES IN DIVERSITY CASES
The supplemental disclosure contradicting or rebutting another party’s evidence on the same matter is due by the date left blank in the order.
The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before _ _ _ _ _ _ _.
Civil cases
Page 18 | Disclosure of Expert Testimony
The initial Rule 26(a)(2) expert disclosure for the party bearing the initial burden is due by the date left blank in the order.
For the party with the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _ _ _ _ _ _ _.
Civil cases
Page 18 | Disclosure of Expert Testimony
Reply expert reports from the party with the initial burden are due by the date left blank in the order.
Reply expert reports from the party with the initial burden of proof are due on or before _ _ _ _ _ _ _.
Civil cases
Page 18 | Disclosure of Expert Testimony
A Rule 56 case-dispositive motion may not be filed more than ten days before the dispositive-motion deadline without leave of the Court.
No case dispositive motion under Rule 56 may be filed more than ten days before this date without leave of the Court.
Civil cases
Page 19 | No Early Motions Without Leave
Where a case is to be tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
Where a case is to be tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5:00 p.m. on _ _ _ _ _ _ _ _ _ _ _ _ [21 days before the pretrial conference].
Civil cases
Page 26 | Jury Instructions, Voir Dire, and Special Verdict Forms
Motions to join parties or amend or supplement pleadings must be filed by the stated deadline, which appears as a blank in the source.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before - - - - - -
Civil cases
Page 4 | Joinder of Other Parties and Amendment of Pleadings
The Joint Claim Construction Chart must be filed by the stated deadline, which is blank in this excerpt.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _ _ _ _ _.
Civil cases
Page 9 | Claim Construction Issue Identification
The parties must exchange their proposed claim-construction terms and constructions by the stated deadline.
On or before _ _ _ _ __,, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).
Civil cases
Page 9 | Claim Construction Issue Identification
Service and Proof of Service Rules
Plaintiff(s) must serve Defendant(s) with the Preliminary Disclosure of Asserted Claims no later than seven days after the date of the Order.
No later than seven days after the date of this Order, Plaintiff(s) shall serve Defendant(s) with a "Preliminary Disclosure of Asserted Claims" that lists each claim of each patent alleged to be infringed by Defendant(s), including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted.
Civil cases
Page 2 | Preliminary Disclosure of Asserted Claims
Defendant(s) must serve Invalidity Contentions on Plaintiff(s) within 30 days after service of the Preliminary Disclosure of Asserted Claims, unless the parties agree otherwise.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Invalidity Contentions”
Civil cases
Page 3 | Invalidity Contentions and Preliminary Disclosure of Asserted Prior Art
Defendant(s) must serve Noninfringement Contentions on Plaintiff(s) within 30 days after service of the Preliminary Disclosure of Asserted Claims, unless the parties agree otherwise.
Unless otherwise agreed to by the parties, no later than 30 days after service of the Preliminary Disclosure of Asserted Claims, Defendant(s) shall serve on Plaintiff(s) “Noninfringement Contentions”
Civil cases
Page 3 | Noninfringement Contentions
Unless the parties agree otherwise, plaintiffs must serve their Infringement Contentions on defendants no later than 45 days after service of the Noninfringement Contentions.
9. Infringement Contentions. Unless otherwise agreed to by the parties, no later than 45 days after service of the Noninfringement Contentions, Plaintiff(s) shall serve on Defendant(s) “Infringement Contentions.”
Civil cases
Page 5 | Infringement Contentions
A person or party subject to the Order must promptly notify the other party if a motion seeks disclosure of that party’s designated confidential information.
Any person or party subject to this Order who becomes subject to a motion to disclose another party's information designated as confidential 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 11 | 15. Application to Court for Protective Order
By the stated deadline, the parties must exchange their proposed claim terms for construction and proposed constructions.
On or before ____, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction(s) of those term(s)/phrase(s).
Civil cases
Page 14 | 19. Claim Construction Issue Identification
Claim-construction briefs must be served but not individually filed, with separate word limits for opening, answering, reply, and sur-reply briefs.
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on __________. The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on __________.
Civil cases
Page 15 | 20. Claim Construction Briefing
Plaintiffs must serve their Final Election of Asserted Claims on Defendants no later than 14 days after service of the Final Election of Asserted Prior Art.
No later than 14 days after service of the Final Election of Asserted Prior Art, Plaintiff(s) shall serve on Defendant(s) a “Final Election of Asserted Claims”
Civil cases
Page 18 | 23. Narrowing of Asserted Prior Art and Claims
Unless the parties agree otherwise, Defendants must serve their Final Election of Asserted Prior Art on Plaintiffs no later than 28 days after the claim construction order issues.
Unless otherwise agreed to by the parties, no later than 28 days after the Court issues a claim construction order, Defendant(s) shall serve on Plaintiff(s) a “Final Election of Asserted Prior Art” that reduces the number of prior art references that Defendant(s) allege(s) anticipates each asserted claim or renders the claim obvious.
Civil cases
Page 18 | 23. Narrowing of Asserted Prior Art and Claims
A party claiming patent infringement must serve the Disclosure of Asserted Claims and Infringement Contentions on all parties, unless the parties agree otherwise.
Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party claiming patent infringement shall serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."
Civil cases
Page 2 | Disclosure of Asserted Claims and Infringement Contentions
Unless the parties agree otherwise, a party opposing a patent infringement claim must serve its Invalidity Contentions on all parties no later than 45 days after service of the Disclosure of Asserted Claims and Infringement Contentions.
Unless otherwise agreed to by the parties, no later than 45 days after service upon it of the Disclosure of Asserted Claims and Infringement Contentions, each party opposing a claim of patent infringement shall serve on all parties its "Invalidity Contentions," which shall contain the following information:
Civil cases
Page 6 | Invalidity Contentions
The plaintiff and defendant must serve their respective claim-construction briefs, but must not file those briefs individually.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on _ _ _ _ _ _. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.
Civil cases
Page 15
Case-dispositive motions and their supporting opening briefs and affidavits must be served by the deadline specified in the order.
All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before _ _ _ _ _ _ _.
Civil cases
Page 19 | Case Dispositive and Daubert Motions
The opposing party must serve its separate concise statement with its opposing papers.
Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.
Civil cases
Page 22 | Concise Statement of Facts Requirement
Unless the parties agree otherwise, a party alleging invalidity or unenforceability must serve its Invalidity Contentions no later than 30 days after the Order.
Unless otherwise agreed to by the parties, no later than 30 days after the date of this Order, a party alleging that a claim of a patent is invalid or not enforceable shall serve on all parties its "Invalidity Contentions," which shall contain the following information:
Civil cases
Page 2 | Invalidity Contentions
The plaintiff and defendant must serve their respective claim-construction briefs by the stated dates, but must not file those individual briefs.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 5,500 words, on - - - - - -. The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on _ _ _ _ _ _ _. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500 words, on _ _ _ _ _ _ _. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,750 words, on _ _ _ _ _ _.
Civil cases
Page 10 | Claim Construction Briefing
The case-dispositive motions and supporting opening briefs and affidavits must be served by the date left blank in the schedule.
All case dispositive motions and the opening briefs and affidavits supporting such motions shall be served and filed on or before
Civil cases
Page 14 | Case Dispositive and Daubert Motions
The opposing party must serve its concise statement with its opposing papers.
Any party that opposes the motion shall file and serve with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended that there exists a genuine issue necessary to be litigated.
Civil cases
Page 17
Filing Fees and Waivers
The $50.00 pro hac vice fee must be submitted to the Clerk's Office upon filing the motion.
In accordance with the Standing Order on Attorney Registration and Pro Hac Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's Office upon the filing of this motion.
Page 4 | EXHIBIT A-1
A $50 fee must be submitted to the Clerk's Office upon filing a pro hac vice motion.
In accordance with the Standing Order on Attorney Registration and Pro Hac Vice Fees, I further certify that the fee of $50.00 has been submitted to the Clerk's Office upon the filing of this motion.
Page 6 | EXHIBIT A-2
Courtesy Copy Requirements
Two hard copies of the parties’ letters and attachments must be provided to the Court within one hour after e-filing.
(c) Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s).
Civil cases
Page 12 | 16. Disputes Relating to Discovery Matters and Protective Orders
The parties must provide the Court two hard copies of specified letters, briefs, supporting documents, and papers filed under seal.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 16 of this Order, all briefs, and any other documents filed in support of any such letters and briefs. This provision also applies to papers filed under seal.
Civil cases
Page 13 | 18. Hard Copies
Two hard copies of the parties’ letters and attachments must be provided to the Court within one hour after e-filing.
(c) Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 10 and 14 of this Order.
Civil cases
Page 12 | Disputes Relating to Discovery Matters and Protective Orders
The parties must provide the Court two hard copies of paragraph 12 letters, all briefs, documents supporting those letters or briefs, and papers filed under seal.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 12 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement of facts filed pursuant to paragraph 20 of this Order, appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.
Civil cases
Page 13 | Hard Copies
Counsel filing papers under seal must deliver an original and two copies to the Clerk.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers.
Civil cases
Page 7 | Papers Filed Under Seal
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing.
Two hard copies of the parties' letters and attachments must be provided to the Court within one hour of e-filing the document(s). The hard copies shall comply with paragraphs 8 and 12 of this Order.
Civil cases
Page 7 | Disputes Relating to Discovery Matters and Protective Orders
The parties must provide the Court two hard copies of paragraph 10 letters, briefs, their supporting documents, and papers filed under seal.
The parties shall provide to the Court two hard copies of all letters filed pursuant to paragraph 10 of this Order, all briefs, and any other documents filed in support of any such letters and briefs (i.e., the concise statement of facts filed pursuant to paragraph 18 of this Order, appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.
Civil cases
Page 8 | Hard Copies
A party may optionally submit two courtesy copies of a selected-authority compendium with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
Civil cases
Page 21 | 30. Compendium of Cases
A party may submit two courtesy copies of a compendium of selected authorities with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
Civil cases
Page 26 | Compendium of Cases
A party may submit two courtesy copies of a compendium of selected authorities with any briefing.
A party may submit with any briefing two courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus.
Civil cases
Page 20 | Compendium of Cases
Sealing & Redaction Procedures
When filing papers under seal, counsel must deliver the original and two copies to the Clerk.
17. Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers.
Civil cases
Page 12 | 17. Papers Filed Under Seal
Counsel must deliver an original and two copies of papers filed under seal to the Clerk.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers.
Civil cases
Page 13 | Papers Filed Under Seal
A redacted version of every 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 days of the filing of the sealed document.
Civil cases
Page 13 | Papers Filed Under Seal
Sealed papers require delivery of an original and two copies to the Clerk, and a redacted version must be filed electronically.
When filing papers under seal, counsel shall deliver to the Clerk an original and two copies of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 7 | Papers Filed Under Seal
Filing Bundling Requirements
The parties must serve individual claim-construction briefs without filing them, then submit a joint claim-construction brief.
The Plaintiff(s) shall serve, but not file, its(their) opening brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) answering brief, not to exceed 8,250 words, on __________. The Plaintiff(s) shall serve, but not file, its(their) reply brief, not to exceed 5,500 words, on __________. The Defendant(s) shall serve, but not file, its(their) sur-reply brief, not to exceed 2,750 words, on __________.
Civil cases
Page 15 | 20. Claim Construction Briefing
Motions in limine and separate briefing on in limine requests may not be filed; requests and responses must instead appear in the proposed pretrial order, 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. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 21 | 29. Motions in Limine
The parties must combine their untitled briefs into one joint brief and present positions on each claim term in sequential order.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 16 | Claim Construction Briefing
A party may not combine motions based in whole or in part on different facts into a single motion.
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
Civil cases
Page 20 | Motions to Be Filed Separately
Motions in limine must not be filed separately.
Motions in limine shall not be separately filed.
Civil cases
Page 25 | Motions in Limine
All in limine requests and responses must be included in the proposed pretrial order.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Civil cases
Page 25 | 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 26 | Motions in Limine
When multiple parties support or oppose an in limine request, their submissions must be combined into one three-page submission, with one one-page reply for the moving parties.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, for the moving parties, a single one-page reply).
Civil cases
Page 26 | Motions in Limine
The parties must combine their untitled briefs into one Joint Claim Construction Brief, arranging their positions in sequential order by claim term and substantially following the provided form.
The parties shall copy and paste their untitled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 10 | Claim Construction Briefing
A party must not combine multiple motions relying on different facts into one motion.
A party shall not combine into a single motion multiple motions that rely in whole or in part on different facts.
Civil cases
Page 14 | Case Dispositive and Daubert Motions
Motions in limine must not be filed separately.
Motions in limine shall not be separately filed.
Civil cases
Page 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 20 | Motions in Limine
Pre-Motion Conference Requirements
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Civil cases
Page 11 | 16. Disputes Relating to Discovery Matters and Protective Orders
A motion concerning discovery or a protective order filed without leave and without following the specified procedures will be denied without prejudice.
(d) If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the moving party's right to bring the dispute to the Court through the procedures set forth in this paragraph.
Civil cases
Page 12 | 16. Disputes Relating to Discovery Matters and Protective Orders
Before seeking relief, the parties must make a reasonable effort to resolve the dispute that includes oral communication involving Delaware counsel for the parties.
The party shall submit as attachments to its letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.
Civil cases
Page 12 | 16. Disputes Relating to Discovery Matters and Protective Orders
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Civil cases
Page 11 | Disputes Relating to Discovery Matters and Protective Orders
Unless otherwise ordered, the party seeking relief must file a letter of no more than three pages at least 72 hours before the conference, and an opposing party may file a letter of no more than three pages at least 48 hours before it.
(a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues. The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party. The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought. (b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Civil cases
Page 12 | Disputes Relating to Discovery Matters and Protective Orders
Before applying for a protective order, counsel should confer about an agreed proposed order and submit it within ten days 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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 5 | Application to Court for Protective Order
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
Civil cases
Page 6 | Disputes Relating to Discovery Matters and Protective Orders
An opposing party may file a letter explaining its opposition no later than 48 hours before the conference or argument.
By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.
Civil cases
Page 7 | Disputes Relating to Discovery Matters and Protective Orders
A discovery or protective-order motion filed without leave and outside the paragraph's procedures will be denied without prejudice to using those procedures to bring the dispute before the Court.
If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the moving party's right to bring the dispute to the Court through the procedures set forth in this paragraph.
Civil cases
Page 7 | Disputes Relating to Discovery Matters and Protective Orders
After exchanging the claim-term list, the parties must meet and confer to prepare a Joint Claim Construction Chart for filing by the stated deadline.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _ _ _ _ _.
Civil cases
Page 9 | Claim Construction Issue Identification
Before applying for a protective order, counsel should confer and try to agree on a proposed order for submission to the Court.
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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 11 | 15. Application to Court for Protective Order
Before applying for a protective order, counsel 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 submit it to the Court within ten days from the date of this Order.
Civil cases
Page 11 | Application to Court for Protective Order
A discovery or protective-order motion filed without leave and out of compliance with these procedures will be denied without prejudice.
( d) If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the
Civil cases
Page 12 | Disputes Relating to Discovery Matters and Protective Orders
Adjournment & Extension Requirements
If the Court grants an extension of the deadline, the parties will presumptively lose their claim-construction hearing date.
Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.
Civil cases
Page 16 | 20. Claim Construction Briefing
If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties presumptively lose their claim-construction hearing date.
Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.
Civil cases
Page 16 | Claim Construction Briefing
If the Court grants an extension of the reply-brief deadline, the parties lose their trial date and will not receive a new one until the dispositive motions are decided.
Should the parties later stipulate or otherwise request to have the reply brief deadline extended, the parties will lose their trial date upon the Court's granting the extension, and no new trial date will be given until the dispositive motion(s) has(have) been decided.
Civil cases
Page 19 | No Early Motions Without Leave
If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties presumptively lose their claim-construction hearing date.
No later than - - - - - - - [four weeks before the claim construction hearing], the parties shall file a Joint Claim Construction Brief. (Should the parties later stipulate or otherwise request to have this deadline extended, the parties will presumptively lose their claim construction hearing date upon the Court's granting the extension.)
Civil cases
Page 10 | Claim Construction Briefing
If the Court grants an extension of the reply-brief deadline, the parties lose their trial date, and no new trial date will be set until the dispositive motions are decided.
Should the parties later stipulate or otherwise request to have the reply brief deadline extended, the parties will lose their trial date upon the Court's granting the extension, and no new trial date will be given until the dispositive motion(s) has(have) been decided.
Civil cases
Page 14 | Case Dispositive and Daubert Motions
Chambers Communication Rules
The Joint Claim Construction Chart must be emailed to the specified address at the same time it is filed.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov.
Civil cases
Page 14 | 19. Claim Construction Issue Identification
The Joint Claim Construction Chart must be in Word format and emailed to the stated address at the same time it is filed.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.
Civil cases
Page 14 | Claim Construction Issue Identification
The parties must send the Word-format versions of the four documents to the specified email address when filing them.
parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.
Civil cases
Page 27
The Joint Claim Construction Chart must be emailed to the stated address simultaneously with filing.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to cfc civil@ded.uscourts.gov.
Civil cases
Page 9 | Claim Construction Issue Identification
The parties must email Word-format copies of the four jury-trial documents to the specified address at the same time they file them.
The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to cfc civil@ded.uscourts.gov.
Civil cases
Page 21 | Jury Instructions, Voir Dire, and Special Verdict Forms