LPR Appendix A; Local Patent Rules; LPR Appendix A; LPR Appendix B; Estimated Patent Case Schedule; Initial Reassignment Status Report

=== LPR Appendix A ===

APPENDIX A UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF ILLINOIS <Name(s) of plaintiff(s)>, Plaintiff(s) v. <Name(s) of defendant(s)>, Defendant(s Civil Action No. <Number> REPORT OF THE PARTIES’ PLANNING MEETING 1. The following persons participated in a Rule 26(f) conference on <Date> by <State the method of conferring>: <Name>, representing the <plaintiff> <Name>, representing the <defendant> 2. 3. 4. Initial Disclosures. The parties [have completed] [will complete by <Date>] the initial disclosures required by Rule 26(a)(1). Disclosures and Discovery Pursuant to Local Patent Rules. The parties acknowledge that the requirements of the Local Patent Rules apply to this case. Additional Discovery Plan. The parties propose the following in addition to the discovery plan and schedules addressed in the Local Patent Rules: (a) (b) (c) (d) (e) <Maximum number of interrogatories by each party to another party, along with the dates the answers are due.> <Maximum number of requests for admission, along with the dates responses are due.> <Maximum number of factual depositions by each party.> <Limits on the length of depositions, in hours.> Discovery is permitted with respect to claims of willful infringement and defenses of patent invalidity or unenforceability not pleaded by a party, where the evidence needed to support these claims or defenses is in whole or in part in the hands of another party. 5. Alternative Discovery Plan. The parties propose a discovery plan that differs from that provided in the Local Patent Rules, for the reasons described with particularity in Exhibit 1 to this Report: <Use separate paragraphs or subparagraphs if the parties disagree.> 6. Other Dates: (a) (b) (c) (d) (e) (f) (g) <Dates for supplementations under Rule 26(e).> <A date if the parties ask to meet with the court before a scheduling order.> <Requested dates for pretrial conferences.> <Final dates for the plaintiff to amend pleadings or to join parties.> <Final dates for the defendant to amend pleadings or to join parties.> <Final dates for submitting Rule 26(a)(3) witness lists, designations of witnesses whose testimony will be presented by deposition, and exhibit lists.> <Final dates to file objections under Rule 26(a)(3).> 7. Other Items: (a) (b) (c) (d) (e) (f) (g) <State the prospects for settlement.> <Identify any alternative dispute resolution procedure that may enhance settlement prospects.> Anything shown or told to a testifying expert relating to the issues on which he/she opines, or to the basis or grounds in support of or countering the opinion, is subject to discovery by the opposing party. The parties agree that drafts of expert reports [will/will not] be retained and produced; In responding to discovery requests, each party shall construe broadly terms of art used in the patent field (e.g., “prior art”, “best mode”, “on sale”), and read them as requesting discovery relating to the issue as opposed to a particular definition of the term used. Compliance with this provision is not satisfied by the respondent including a specific definition of the term in its response, and limiting the response to that definition. The parties [agree/do not agree] the video “An Introduction to the Patent System” distributed by the Federal Judicial Center, should be shown to the jurors in connection with its preliminary jury instructions. <Other matters.> Date: <Date> <Signature of the attorney or unrepresented party> ___________________________________ <Printed name> <Address><E-mail address> <Telephone number> <Signature of the attorney or unrepresented party> ___________________________________ <Printed name> <Address> <E-mail address> <Telephone number> Date: <Date> CHICAGO\2552959.1 ID\AJST

=== LPR Appendix A ===

APPENDIX A UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF ILLINOIS <Name(s) of plaintiff(s)>, Plaintiff(s) v. <Name(s) of defendant(s)>, Defendant(s Civil Action No. <Number> REPORT OF THE PARTIES’ PLANNING MEETING 1. The following persons participated in a Rule 26(f) conference on <Date> by <State the method of conferring>: <Name>, representing the <plaintiff> <Name>, representing the <defendant> 2. 3. 4. Initial Disclosures. The parties [have completed] [will complete by <Date>] the initial disclosures required by Rule 26(a)(1). Disclosures and Discovery Pursuant to Local Patent Rules. The parties acknowledge that the requirements of the Local Patent Rules apply to this case. Additional Discovery Plan. The parties propose the following in addition to the discovery plan and schedules addressed in the Local Patent Rules: (a) (b) (c) (d) (e) <Maximum number of interrogatories by each party to another party, along with the dates the answers are due.> <Maximum number of requests for admission, along with the dates responses are due.> <Maximum number of factual depositions by each party.> <Limits on the length of depositions, in hours.> Discovery is permitted with respect to claims of willful infringement and defenses of patent invalidity or unenforceability not pleaded by a party, where the evidence needed to support these claims or defenses is in whole or in part in the hands of another party. 5. Alternative Discovery Plan. The parties propose a discovery plan that differs from that provided in the Local Patent Rules, for the reasons described with particularity in Exhibit 1 to this Report: <Use separate paragraphs or subparagraphs if the parties disagree.> 6. Other Dates: (a) (b) (c) (d) (e) (f) (g) <Dates for supplementations under Rule 26(e).> <A date if the parties ask to meet with the court before a scheduling order.> <Requested dates for pretrial conferences.> <Final dates for the plaintiff to amend pleadings or to join parties.> <Final dates for the defendant to amend pleadings or to join parties.> <Final dates for submitting Rule 26(a)(3) witness lists, designations of witnesses whose testimony will be presented by deposition, and exhibit lists.> <Final dates to file objections under Rule 26(a)(3).> 7. Other Items: (a) (b) (c) (d) (e) (f) (g) <State the prospects for settlement.> <Identify any alternative dispute resolution procedure that may enhance settlement prospects.> Anything shown or told to a testifying expert relating to the issues on which he/she opines, or to the basis or grounds in support of or countering the opinion, is subject to discovery by the opposing party. The parties agree that drafts of expert reports [will/will not] be retained and produced; In responding to discovery requests, each party shall construe broadly terms of art used in the patent field (e.g., “prior art”, “best mode”, “on sale”), and read them as requesting discovery relating to the issue as opposed to a particular definition of the term used. Compliance with this provision is not satisfied by the respondent including a specific definition of the term in its response, and limiting the response to that definition. The parties [agree/do not agree] the video “An Introduction to the Patent System” distributed by the Federal Judicial Center, should be shown to the jurors in connection with its preliminary jury instructions. <Other matters.> Date: <Date> <Signature of the attorney or unrepresented party> ___________________________________ <Printed name> <Address><E-mail address> <Telephone number> <Signature of the attorney or unrepresented party> ___________________________________ <Printed name> <Address> <E-mail address> <Telephone number> Date: <Date> CHICAGO\2552959.1 ID\AJST

=== LPR Appendix B ===

APPENDIX B 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ____________________________, Plaintiff[s], vs. ____________________________, Defendant[s]. Case No. _________ PROTECTIVE ORDER The Court enters the following protective order pursuant to Federal Rule of Civil Procedure 26(c)(1). 1. Findings: The Court finds that the parties to this case may request or produce information involving trade secrets or confidential research and development or commercial information, the disclosure of which is likely to cause harm to the party producing such information. 2. a. Definitions: “Party” means a named party in this case. “Person” means an individual or an entity. “Producer” means a person who produces information via the discovery process in this case. “Recipient” means a person who receives information via the discovery process in this case. b. “Confidential” information is information concerning a person’s business operations, processes, and technical and development information within the scope of Rule 2 26(c)(1)(G), the disclosure of which is likely to harm that person’s competitive position, or the disclosure of which would contravene an obligation of confidentiality to a third person or to a Court. c. “Highly Confidential” information is information within the scope of Rule 26(c)(1)(G) that is current or future business or technical trade secrets and plans more sensitive or strategic than Confidential information, the disclosure of which is likely to significantly harm that person’s competitive position, or the disclosure of which would contravene an obligation of confidentiality to a third person or to a Court. d. Information is not Confidential or Highly Confidential if it is disclosed in a printed publication, is known to the public, was known to the recipient without obligation of confidentiality before the producer disclosed it, or is or becomes known to the recipient by means not constituting a breach of this Order. Information is likewise not Confidential or Highly Confidential if a person lawfully obtained it independently of this litigation. 3. a. Designation of information as Confidential or Highly Confidential: A person’s designation of information as Confidential or Highly Confidential means that the person believes in good faith, upon reasonable inquiry, that the information qualifies as such. b. A person designates information in a document or thing as Confidential or Highly Confidential by clearly and prominently marking it on its face as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” A producer may make documents or things containing Confidential or Highly Confidential information available for inspection and copying without marking them as 3 confidential without forfeiting a claim of confidentiality, so long as the producer causes copies of the documents or things to be marked as Confidential or Highly Confidential before providing them to the recipient. c. A person designates information in deposition testimony as Confidential or Highly Confidential by stating on the record at the deposition that the information is Confidential or Highly Confidential or by advising the opposing party and the stenographer and videographer in writing, within fourteen days after receipt of the deposition transcript, that the information is Confidential or Highly Confidential. d. A person’s failure to designate a document, thing, or testimony as Confidential or Highly Confidential does not constitute forfeiture of a claim of confidentiality as to any other document, thing, or testimony. e. A person who has designated information as Confidential or Highly Confidential may withdraw the designation by written notification to all parties in the case. f. If a party disputes a producer’s designation of information as Confidential or Highly Confidential, the party shall notify the producer in writing of the basis for the dispute, identifying the specific document[s] or thing[s] as to which the designation is disputed and proposing a new designation for such materials. The party and the producer shall then meet and confer to attempt to resolve the dispute without involvement of the Court. If they cannot resolve the dispute, the proposed new designation shall be applied fourteen (14) days after notice of the dispute unless within that fourteen day period the producer files a motion with the Court to maintain the producer’s designation. The producer bears the burden of proving 4 that the information is properly designated as Confidential or Highly Confidential. The information shall remain subject to the producer’s Confidential or Highly Confidential designation until the Court rules on the dispute. A party’s failure to contest a designation of information as Confidential or Highly Confidential is not an admission that the information was properly designated as such. 4. a. Use and disclosure of Confidential [or Highly Confidential] information: Confidential and Highly Confidential information may be used exclusively for purposes of this litigation, subject to the restrictions of this order. b. Absent written permission from the producer or further order by the Court, the recipient may not disclose Confidential information to any person other than the following: (i) a party’s outside counsel of record, including necessary paralegal, secretarial and clerical personnel assisting such counsel; (ii) a party’s in‐house counsel; (iii) a party’s officers and employees directly involved in this case whose access to the information is reasonably required to supervise, manage, or participate in this case; (iv) a stenographer and videographer recording testimony concerning the information; (v) subject to the provisions of paragraph 4(d) of this order, experts and consultants and their staff whom a party employs for purposes of this litigation only; and (vi) the Court and personnel assisting the Court. c. Absent written permission from the producer or further order by the Court, the recipient may not disclose Highly Confidential information to any person other than those identified in paragraph 4(b)( i), (iv), (v), and (vi). 5 d. A party may not disclose Confidential or Highly Confidential information to an expert or consultant pursuant to paragraph 4(b) or 4(c) of this order until after the expert or consultant has signed an undertaking in the form of Appendix 1 to this Order. The party obtaining the undertaking must serve it on all other parties within ten days after its execution. At least ten days before the first disclosure of Confidential or Highly Confidential information to an expert or consultant (or member of their staff), the party proposing to make the disclosure must serve the producer with a written identification of the expert or consultant and a copy of his or her curriculum vitae. If the producer has good cause to object to the disclosure (which does not include challenging the qualifications of the expert or consultant), it must serve the party proposing to make the disclosure with a written objection within ten days after service of the identification. Unless the parties resolve the dispute within ten days after service of the objection, the producer must move the Court promptly for a ruling, and the Confidential or Highly Confidential information may not be disclosed to the expert or consultant without the Court’s approval. e. Notwithstanding paragraph 4(a) and (b), a party may disclose Confidential or Highly Confidential information to: (i) any employee or author of the producer; (ii) any person, no longer affiliated with the producer, who authored the information in whole or in part; and (iii) any person who received the information before this case was filed. f. A party who wishes to disclose Confidential or Highly Confidential information to a person not authorized under paragraph 4(b) or 4(c) must first make a reasonable attempt to 6 obtain the producer’s permission. If the party is unable to obtain permission, it may move the Court to obtain permission. 5. Copies: A party producing documents as part of discovery must, upon request, furnish the requesting party with one copy of the documents it requests, at the requesting party’s expense. Before copying, the parties must agree upon the rate at which the requesting party will be charged for copying. 6. Inadvertent Disclosure: Inadvertent disclosures of material protected by the attorney‐client privilege or the work product doctrine shall be handled in accordance with Federal Rule of Evidence 502. 7. a. Filing with the Court: This protective order does not, by itself, authorize the filing of any document under seal. No document may be filed under seal without prior leave of court. A party wishing to file under seal a document containing Confidential or Highly Confidential information must move the Court, consistent with Local Rule 26.2(b) and prior to the due date for the document, for permission to file the document under seal. If a party obtains permission to file a document under seal, it must also (unless excused by the Court) file a public‐record version that excludes any Confidential or Highly Confidential information. b. If a party wishes to file in the public record a document that another producer has designated as Confidential or Highly Confidential, the party must advise the producer of the document no later than three business days before the document is due to be filed, so that the producer may move the Court to require the document to be filed under seal. 7 c. Pursuant to Local Rule 5.8, any document filed under seal must be accompanied by a cover sheet disclosing (i) the caption of the case, including the case number; (ii) the title “Restricted Document Pursuant to Local Rule 26.2;” (iii) a statement that the document is filed as restricted in accordance with a court order and the date of the order; and (iv) the signature of the attorney of record filing the document. 8. Document Disposal: Upon the conclusion of this case, each party must return to the producer all documents and copies of documents containing the producer’s Confidential [or Highly Confidential] information, and must destroy all notes, memoranda, or other materials derived from or in any way revealing confidential or highly confidential information. Alternatively, if the producer agrees, the party may destroy all documents and copies of documents containing the producer’s Confidential or Highly Confidential information. The party returning and/or destroying the producer’s Confidential and Highly Confidential information must promptly certify in writing its compliance with the requirements of this paragraph. Notwithstanding the requirements of this paragraph, a party and its counsel may retain one complete set of all documents filed with the Court, remaining subject to all requirements of this order. 9. Originals: A legible photocopy of a document may be used as the “original” for all purposes in this action. The actual “original,” in whatever form the producing party has it, must be made available to any other party within ten days after a written request. 10. Survival of obligations: This order’s obligations regarding Confidential and Highly Confidential information survive the conclusion of this case. 8

=== Estimated Patent Case Schedule ===

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS ESTIMATED PATENT CASE SCHEDULE Event Scheduled Time Total Time After Complaint Service of Complaint Answer or Other Response to Complaint Joint Scheduling Order (LPR 1.2) 7 days After Rule 26(f) conference Initial Disclosures of Both Parties (with no patent infringement counter-claim) / Commencement of Fact Discovery (LPR 2.1, LPR 1.3) 14 days After Answer or other Responsive Pleading Initial Infringement Contentions (LPR 2.2) 14 days After Initial Disclosures Initial Non-Infringement, Unenforceability and Invalidity Contentions (LPR 2.3) 14 days After Initial Infringement Contentions Initial Response To Invalidity Contentions (LPR 2.5) Final Infringement, Unenforceability and Invalidity Contentions (LPR 3.1) 14 days After Initial Non-infringement and Invalidity Contentions 21 weeks After Initial Infringement Contentions Final Non-infringement, Enforceability and Validity Contentions (LPR 3.2) 28 days After Final Infringement Contentions Exchange of Claim Terms Needing Construction and Proposed Construction (LPR 4.1) 14 days After Final Non-infringement Contentions Opening Claim Construction Brief (LPR 4.2(a 35 days After Exchange of Claims Terms 7 weeks (assumes 30-day extension) 9 weeks 11 weeks 13 weeks 15 weeks 32 weeks 36 weeks 38 weeks 43 weeks UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS ESTIMATED PATENT CASE SCHEDULE Event Scheduled Time Total Time After Complaint Responsive Claim Construction Brief (LPR 4.2(c 28 days After Opening Claim Construction Brief Reply Claim Construction Brief (LPR 4.2(d 14 days After Responsive Claim Construction Briefs Joint Claim Construction Chart (LPR 4.2(f 7 days After Reply Claim Construction Brief Claim Construction Hearing (LPR 4.3) 28 days After Reply Claim Construction Brief Claim Construction Ruling Six weeks (?) Close of Fact Discovery (LPR 1.3) 42 days After Claim Construction Ruling Expert Reports of Parties with Burden of Proof (LPR 5.1(b 21 days After Close of Fact Discovery Rebuttal Expert Reports (LPR 5.1) 35 days After Initial Expert Reports Completion of Expert Witness Depositions (LPR 5.2) 35 days After Rebuttal Expert Reports Final Day for Filing Dispositive Motions (LPR 6.1) 28 days After Close of Expert Discovery 47 weeks 49 weeks 50 weeks 53 weeks 59 weeks 65 weeks 68 weeks 73 weeks 78 weeks 82 weeks Case Ready for Trial 20 weeks After Filing Dispositive Motions 102 weeks

=== Initial Reassignment Status Report ===

[Case Caption] REASSIGNMENT STATUS REPORT 1. Nature of the Case A. Identify all attorneys of record for each party, and indicate their roles (e.g., lead trial counsel, of counsel, local counsel, etc.). B. State the basis for federal jurisdiction and indicate whether any party disputes federal jurisdiction. C. Generally describe the nature of the claims asserted in the complaint and any counterclaims. D. E. Describe the relief sought by the plaintiff(s). Identify any parties that have not been served. 2. Pending Motions and Case Plan A. Briefly describe all pending motions, including the date the motion and associated briefs were filed (or the briefing schedule, if briefing has not yet been completed). B. Briefly describe the discovery that has been taken (if any), the discovery that remains to be taken (if any), and any operative schedule governing discovery. Also indicate whether the discovery schedule has previously been extended and, if so, how many times and by what period(s) of time. C. D. Briefly describe any substantive rulings that have been entered. Identify any substantive or significant procedural motions that any party anticipates filing prior to trial. E. With respect to a trial: (1) Indicate whether there is a jury demand; (2) Estimate the length of the trial; and (3) the case will be ready for trial. Provide the earliest date as to which the parties agree that 3. Referrals and Settlement A. Identify the assigned Magistrate Judge and state whether the case has been referred for discovery supervision, a settlement conference, and/or any other purpose. B. State whether any settlement discussions have occurred and the status of any settlement discussions. C. Indicate whether the parties jointly believe that a settlement conference would be productive at this time. D. Advise whether counsel have informed their respective clients about the possibility of consenting to proceed before the assigned Magistrate Judge. 4. Other Information A. Provide any other information that the parties believe is pertinent to the Court’s understanding of the status of the case. B. Please advise whether any party requests that the Court set a status hearing.