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N.D. Cal. Patent L.R. 4-2

Exchange of Preliminary Claim Constructions and Extrinsic Evidence

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

(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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