District Local Rule Pat 4.5 (Patent) [v. 3]
Print PDF

CLAIM CONSTRUCTION BRIEFS

a)  Not later than 42 days after serving and filing the Joint Claim Construction and Prehearing Statement, the party claiming patent infringement, or the party asserting invalidity if there is no infringement issue present in the case, shall serve and file an opening brief and any evidence supporting its claim construction. The opening brief may not exceed thirty (30) pages absent prior leave of Court.

b)  Not later than 14 days after service upon it of an opening brief, each opposing party shall serve and file its responsive brief and supporting evidence. Each responsive brief may not exceed thirty (30) pages absent prior leave of Court.

c)  Not later than 7 days after service upon it of a responsive brief, the party claiming patent infringement, or the party asserting invalidity if there is no infringement issue present in the case, shall serve and file any reply brief and any evidence directly rebutting the supporting evidence contained in an opposing party’s response. Any reply brief may not exceed fifteen (15) pages absent prior leave of Court.

d)  Not later than 7 days after service of the reply brief, each party shall serve and file any surreply brief and any evidence directly rebutting the supporting evidence contained in an opposing party’s reply.  Any surreply brief may not exceed fifteen (15) pages absent prior leave of Court.