District of Delaware Local Rules and Judge Filing Requirements

Invalidity contentions must state any asserted grounds based on patentable subject matter, indefiniteness, lack of enablement, or insufficient written description.

A summary judgment motion must include a separate concise statement of essential undisputed material facts, with each fact in a numbered paragraph supported by specific record citations.

A summary-judgment motion must include a separate concise statement limited to essential material facts, with each fact in a numbered paragraph supported by specific record citations.

The parties’ claim-construction briefing must explain how resolving each dispute relates to an issue in the case.

The United States' trial memorandum must set out the offenses' essential elements, intended facts, each intended witness's identity and testimony substance, and any legal issues.

Case-dispositive motions and their supporting opening briefs and affidavits must be served and filed by the date left blank in the schedule.

The parties must file the Joint Claim Construction Brief no later than the date to be supplied.

The party seeking discovery relief must file its letter on the Court-set date, generally at least 72 hours before the conference, excluding weekends and holidays.

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

The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) and the Court's civil-case procedures at least seven days before the pretrial conference.

Opposition to summary judgment must include a response to the concise statement, limited to 6 pages.

In limine arguments are limited to three single-spaced pages for support, three for opposition, and one for reply, with specified combined submissions when multiple parties support or oppose.

Opposing papers must include a response to the moving party’s concise statement, limited to six pages, addressing each fact paragraph by paragraph.

The party seeking relief must file a letter of no more than three pages outlining the disputed issues and its position.

The discovery-dispute letter is limited to three pages.

Each exhibit and attachment must be numbered so that an individual page can be identified by its page number.

After notice to the provider and an opportunity to object, access may be given to two approved outside counsel and two approved experts retained by the requesting party.

Each submission should use the e-filed version that has the CM/ECF system’s header at the top of the page. Each document must either (a) be a separate file, with a file name that is consistent with the descriptive name that the document has on the CM/ECF system or (b) include a coversheet that identifies the corresponding entry on the CM/ECF system.

The courtesy-copy files must be in Microsoft Word format.

The attached exhibit to an amended pleading filed as a matter of course must be blacklined or highlighted solely to show changes.

If a discovery matter requires immediate attention, the parties may contact chambers to seek a remote hearing as promptly as practicable.

Judge Kearney may hold telephone conferences, and Chambers will notify counsel of the conference date and time.

Parties may inquire about the status of a matter pending decision or under advisement after a reasonable time under the circumstances.

Video conference emails must include links and joining instructions.

Attorneys may possess electronic devices in accordance with the Court's Standing Order.

The parties must provide the Court with one courtesy copy of each document filed in support of a brief.

The parties must provide the Court two courtesy copies of filings, including papers filed under seal.

Certificate of No Objection and Certification of Counsel Binders. Please do not send certificate of no objection binders and certification of counsel binders to

This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which should be submitted by e-mail to jlh_civil@ded.uscourts.gov.

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

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

Counsel seeking a protective order should confer and try to agree on a proposed order, then submit it within ten days of the Order.

An opposing party may file a letter explaining its opposition no later than 48 hours before the conference or argument.

The parties may not file a memorandum of law without leave.

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

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

Unless the parties agree otherwise, plaintiffs must serve their Infringement Contentions on defendants no later than 45 days after service of the Noninfringement Contentions.

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

Absent party agreement and Court approval, the patentee must finally supplement its identification of accused products and serve final infringement contentions by the specified date.

A reply must be served within seven days of the Opposition to proceed without leave.

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

A party seeking redactions must show good cause and explain how disclosure would cause a clearly defined and serious injury.

Redacted version of sealed documents must be filed electronically within 7 days.

Documents may not be filed under seal without first obtaining leave, except in emergency situations.

Counsel filing papers under seal must follow the District Court’s sealed-civil-documents policy and section G of the electronic filing and service procedures.

A party may not combine motions based in whole or in part on different facts into a single motion.

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

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

First Day Binders require submission of a virtual hyperlinked hearing agenda and delivery of one physical binder to Chambers.

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

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

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

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

Mediation statements must not be e-filed or docketed.

A lawyer admitted pro hac vice must register for CM/ECF within seven days of the order; failure to register results in sua sponte cancellation of the admission.

After an initial 90-day sentencing continuance, counsel for both sides may jointly request an additional continuance in writing, and the request must explain why good cause exists.

A continuance request must be filed as a motion stating its reasons at least 14 days before the scheduled trial date.

If the Court grants an extension of the Joint Claim Construction Brief deadline, the parties presumptively lose their claim-construction hearing date.

United States may request extension for good cause

Extensions for the referenced motions or applications may not extend beyond the deadline to file the hearing agenda.

A party may notify the Court by docket filing of its intent to have a newer attorney argue a motion or part of it.

The judge encourages trial counsel to assign presentations to less-experienced attorneys, especially when they are more familiar with the matter.

Attorneys with fewer than 7 years of experience are encouraged to participate in proceedings.

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.

The Court encourages assigning presentations to well-prepared, less experienced attorneys and may allow experienced counsel to assist during oral argument if requested beforehand and appropriate; this encouragement does not apply where lead counsel is required, and no inference will be drawn from a party’s choice of presenter.

The $50.00 pro hac vice fee must be submitted to the Clerk's Office upon filing the motion.

A filing fee of $199 may be recovered for a motion for relief from stay.

A fee must be submitted with a pro hac vice motion or Judge Wolson will deny it.