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D.N.J. L. Pat. R. 4.1

Exchange of Proposed Terms for Construction

activein force · 2026-07-22 – presentact-effective-date

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

Pat. R. 3.4A, not later than 45 days after service upon it of the “Non-Infringement Contentions and Responses”

pursuant to L. Pat. R. 3.2A in those actions where validity is not at issue (and L. Pat. 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 L. Pat. 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.

(c) This rule does not apply to design patents.

Provenance

Source
www.njd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
c5f6043be4d5fb7d1a72a89585cc5c59b06506aaec655e365f171a69840c01e7
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