US · rules
D.N.J. L. Pat. R. 4.3
Joint Claim Construction and Prehearing Statement
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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