N.D.N.Y. L. Pat. R. 2

2.1 Initial Scheduling Conference

(a) Consistent with the local rules of this Court and General Order No. 25, upon the

filing in or removal or transfer to this Court of an action which falls within the

scope of these rules, the Court will schedule a Rule 16 conference to be conducted

by the magistrate judge assigned to the case. That conference may be held in-person or by telephone, depending upon the practices of the particular magistrate

judge assigned.

(b) At least twenty-one (21) days prior to the scheduled Rule 16 conference the

parties must confer, in person or by telephone, pursuant to Fed. R. Civ. P. 26(f) to

formulate a discovery plan and to address the following topics:

(1) Proposed modification of the obligations or deadlines set forth in these

local patent rules to ensure that they are suitable for the circumstances of

the particular case;

(2) The scope and timing of any claim construction discovery, including

disclosure of and discovery from any expert witness permitted by the

Court;

(3) The format of the claim construction hearing, including whether the Court

will hear live testimony, the order of presentation, and the estimated

length of the hearing;

(4) How the parties intend to educate the Court with respect to the patent(s) at

issue; and

(5) The need for alteration of the standard confidentiality order to supercede

that which would otherwise be entered by the court pursuant to Local

Patent Rule 2.2.

(c) Not later than fourteen (14) days prior to the scheduled Rule 16 conference the

parties shall jointly submit a Civil Case Management Plan, in the form of that

approved by the Court pursuant to General Order No. 25, completed to address

the various issues raised in that form, based upon the parties’ discussions during

their Rule 26(f) meeting.

(d) One of the topics to be addressed at the Rule 16 conference is the timing and

scope of mandatory disclosures required pursuant to Fed. R. Civ. P. 26(a)(1).

Among the disclosures which ordinarily must be made pursuant to Rule 26(a)(1)

in cases covered by these rules is information and documentation regarding proof

of patent ownership or standing to assert patent infringement claims.

(e) Following the initial conference conducted by the Court pursuant to Fed. R. Civ.

P. 16, the assigned magistrate judge may, in his or her discretion, schedule and

conduct such further status conferences, either telephonically or in person, as

deemed appropriate. It is contemplated that such a conference may be conducted

within sixty (60) to ninety (90) days following the initial Rule 16 conference, and

that during that conference the parties will be asked to discuss what efforts, if any,

they have made to attempt to settle the case and how the Court may assist their

settlement efforts such as, for example, by scheduling a settlement conference or

ordering mediation.