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D.N.J. L. Pat. R. 4.3

Joint Claim Construction and Prehearing Statement

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

Not later than 30 days after the exchange of “Preliminary Claim Constructions” under L. Pat. R. 4.2(a),

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 intrinsic evidence 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 all witnesses including experts;

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

case. The parties shall also identify any term whose construction will be case or claim dispositive or

substantially conducive to promoting settlement, and the reasons therefor;

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

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

identity of each such witness, and for each witness, a summary of his or her testimony including, for any expert,

each opinion to be offered related to claim construction.

(f) Any evidence that is not identified under L. Pat. R. 4.2(a) through 4.2(c) inclusive shall not be

included in the Joint Claim Construction and Prehearing Statement.

(g) 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
6fa0d2ca45c75f98bf59bd7d0744177e096c6433779ae2777a53f40464cab940
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D.N.J. L. Pat. R. 4.3 — Joint Claim Construction and… · binding.law