D. Md. L.R. 805.1

Waxman Cases)

Unless otherwise ordered by the Cout, in all cases covered by L.R. 804.1 through 804.3,

claim construction disclosures and briefing shall proceed as follows:

a) Exchange Proposed Terms for Construction

Fourteen (14) days from the service of the Initial Disclosure of Invalidity Contentions

(or from the service of the Initial Disclosure of Infringement Contentions in cases arising

under the Hatch-Waxman Act), each party shall simultaneously exchange a list of claim

terms, phrases, or clauses which that party contends should be construed or found indefinite

by the Court, and identify any claim element which that party contends should be governed

by pre-AIA 35 U.S.C. § 112(6) or post-AIA 35 U.S.C. § 112(f).

b) Exchange Preliminary Claim Constructions and Extrinsic Evidence

i. Fourteen (14) days from the exchange of the “Proposed Terms for

Construction,” the parties shall simultaneously exchange a preliminary

proposed construction of each claim term, phrase, or clause which the

parties collectively have identified for claim construction purposes.

Each such “Preliminary Claim Construction” shall also, for each

element which any party contends is governed by pre-AIA 35 U.S.C. §

112(6) or post-AIA 35 U.S.C. § 112(f), identify the structure(s), act(s),

or material(s) corresponding to that element.

ii. At the same time the parties exchange their respective “Preliminary

Claim Constructions,” they shall each also provide a preliminary

identification of extrinsic evidence, including without limitation,

dictionary definitions, citations to learned treatises and prior art, and

testimony of percipient and expert witnesses they contend support

their respective claim constructions or indefiniteness positions. The

parties shall identify each such item of extrinsic evidence by production

number or produce a copy of any such item not previously produced.

With respect to any such witness, percipient or expert, the parties shall

also provide the identity and a brief description of the substance of

that witness’ proposed testimony. The parties may, but need not,

exchanges supporting expert declarations at this time.

iii. Within seven (7) days from the exchange of Preliminary Claim

Constructions and Extrinsic Evidence the parties shall meet and confer

(Including Hatch-Waxman Cases) (Including Hatch-Waxman Cases)

to narrow the issues in dispute and exchange revised lists of

terms/constructions.

c) Claim Construction Briefing

i. Not later than thirty-five (35) days from the exchange of the

“Preliminary Claim Construction and Extrinsic Evidence,” each party

shall serve and file an opening brief and any evidence supporting its

claim construction. If any party opposing patent infringement

contends that any claim terms are indefinite, that party shall raise the

issue in its opening claim construction brief. Any expert declaration in

support of a party’s position must be submitted with its opening brief.

All asserted patents shall be attached as exhibits to the opening claim

construction brief in searchable PDF form.

ii. Not later than twenty-eight (28) days from the deadline for filing the

opening brief, each party shall serve and file a responsive brief and

supporting evidence. If any party opposing patent infringement

contended that a claim term is indefinite in its opening brief, each party

asserting patent infringement shall respond to the indefiniteness issue

in its responsive brief. Any expert declaration responding to a party’s

position set forth in its opening brief must be submitted with its

responsive brief.

iii. Not later than fourteen (14) days from the deadline for filing the

responsive brief, each party shall serve and file any reply brief and any

evidence directly rebutting the supporting evidence contained in an

opposing party’s response. No expert declarations may be submitted

with a reply brief without leave of court, and for good cause.

iv. If a party offers the testimony of a witness to support its claim

construction, it must make the witness available for deposition (if the

witness is under the control of the party) concerning the proposed

testimony. Any party may utilize a rebuttal expert in response to a

brief where expert testimony is relied on by the other party. If a

witness is deposed based on a declaration submitted in the responsive

brief, the parties’ deadline for the filing of the reply brief shall be

extended by seven (7) calendar days.

(Including Hatch-Waxman Cases)

d) Joint Claim Construction Statement

Within seven (7) days after the completion of claim construction briefing, the parties,

having met and conferred on claim construction, shall file a Joint Claim Construction

Statement which shall contain the following information:

i. The construction of those claims and terms on which the parties agree;

ii. Each party’s proposed construction of each disputed claim and term;

iii. Each party’s position on whether a technical tutorial is necessary; and

iv. For any party who proposes to call one or more witnesses at any claim

construction hearing, the identity of each such witness, the subject

matter of his or her testimony, and an estimate of the time required for

the testimony.