US · rules
N.D. Cal. Patent L.R. 4-2
Exchange of Preliminary Claim Constructions and Extrinsic Evidence
(a) Not later than 21 days after the exchange of the lists pursuant to Patent L.R. 4-1, the
parties shall simultaneously exchange proposed constructions of each term identified by
either party for claim construction. Each such “Preliminary Claim Construction” shall
also, for each term which any party contends is governed by 35 U.S.C. § 112(6), identify
the structure(s), act(s), or material(s) corresponding to that term’s function.
(b) At the same time the parties exchange their respective “Preliminary Claim
Constructions,” each party shall also identify all references from the specification or
prosecution history that support its proposed construction and designate any supporting
extrinsic evidence including, without limitation, dictionary definitions, citations to
learned treatises and prior art, and testimony of percipient and expert witnesses. Extrinsic
evidence shall be identified by production number or by producing a copy if not
previously produced. With respect to any supporting witness, percipient or expert, the
identifying party shall also provide a description of the substance of that witness’
proposed testimony that includes a listing of any opinions to be rendered in connection
with claim construction.
(c) The parties shall thereafter meet and confer for the purposes of narrowing the issues and
finalizing preparation of a Joint Claim Construction and Prehearing Statement.
Provenance
- Source
- cand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
0838e697e0b5dbc6461089d65e038a010d086550af9b0eb6322810665761488f
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