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N.D. Cal. Patent L.R. 4-1

Exchange of Proposed Terms for Construction

activein force · 2026-08-11 – presentact-effective-date

(a) Not later than 14 days after service of the “Invalidity Contentions” pursuant to Patent

L.R. 3-3, not later than 42 days after service upon it of the “Disclosure of Asserted

Claims and Infringement Contentions” in those actions where validity is not at issue (and

Patent L.R. 3-3 does not apply), or, in all cases in which a party files a complaint or other

pleading seeking a declaratory judgment not based on validity, not later than 14 days

after the defendant serves an answer that does not assert a claim for patent infringement

(and Patent L.R. 3-1 does not apply), each party shall serve on each other party a list of

claim terms which that party contends should be construed by the Court, and identify any

claim term which that party contends should be governed by 35 U.S.C. § 112(6).

(b) The parties shall thereafter meet and confer for the purposes of limiting the terms in

dispute by narrowing or resolving differences and facilitating the ultimate preparation of

a Joint Claim Construction and Prehearing Statement. The parties shall also jointly

identify the 10 terms likely to be most significant to resolving the parties’ dispute,

including those terms for which construction may be case or claim dispositive.

Provenance

Source
cand.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
c9af84682bf71daddfbfb586bacd235941235205af2bcd300210ebff09454a97
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