N.D. Cal. Patent L.R. 4-3

Not later than 60 days after service of the “Invalidity Contentions,” the parties shall complete

and file a Joint Claim Construction and Prehearing Statement, which shall contain the following

information:

(a) The construction of those terms on which the parties agree;

(b) Each party’s proposed construction of each disputed term, together with an identification

of all references from the specification or prosecution history that support that

construction, and an identification of any extrinsic evidence known to the party on which

it intends to rely either to support its proposed construction or to oppose any other party’s

proposed construction, including, but not limited to, as permitted by law, dictionary

definitions, citations to learned treatises and prior art, and testimony of percipient and

expert witnesses;

(c) An identification of the terms whose construction will be most significant to the

resolution of the case up to a maximum of 10. The parties shall also identify any term

among the 10 whose construction will be case or claim dispositive. If the parties cannot

agree on the 10 most significant terms, the parties shall identify the ones which they do

agree are most significant and then they may evenly divide the remainder with each party

identifying what it believes are the remaining most significant terms. However, the total

terms identified by all parties as most significant cannot exceed 10. For example, in a

case involving two parties, if the parties agree upon the identification of five terms as

most significant, each may only identify two additional terms as most significant; if the

parties agree upon eight such terms, each party may only identify only one additional

term as most significant.

(d) The anticipated length of time necessary for the Claim Construction Hearing;

(e) Whether any party proposes to call one or more witnesses at the Claim Construction

Hearing, and the identity of each such witness.

(f) An identification of any factual findings requested from the Court related to claim

construction.

Unless the parties agree otherwise, not later than 60 days after service of the “Invalidity

Contentions,” any party that intends to rely on any witness who will give expert testimony to

support that party’s proposed constructions shall serve the other party or parties with a claim

construction expert report for that witness. Such reports shall comply with the disclosure

requirements of Fed. R. Civ. P. 26(A)(2)(B).