Early Meeting of Counsel

Patent Rules of the United States Court of Federal Claims

Rule: 2

Jurisdiction: US

Bluebook Citation: R.C.F.C. Patent R. 2

When the parties confer pursuant to RCFC Appendix A, ¶ 3, in addition to the matters required to be addressed under that paragraph, the parties also should discuss the following topics for inclusion in the Joint Preliminary Status Report filed pursuant to RCFC Appendix A, ¶ 4: (a) proposed modification of the obligations or deadlines set forth in these rules to ensure that they are suitable for the circumstances of the case; (b) the scope and timing of any claim construction discovery; (c) the format of the claim construction hearing; (d) how the parties intend to educate the court on the technology at issue; (e) whether each patent at issue has been, or is to re-examination to be, subject likely proceedings; and (f) whether other litigation or inter partes proceedings are ongoing or anticipated and whether any parties will seek a stay, consolidation, coordination, or transfer.

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