Patent Standing Order; Creating the Best Transcript Possible

Hon. David Barlow · U.S. District Court for the District of Utah

Role: District Judge

Bluebook Citation: Hon. David Barlow, Patent Standing Order; Creating the Best Transcript Possible, U.S. District Court for the District of Utah

Judge Profile: Hon. David Barlow profile and standing orders

=== Patent Standing Order ===

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH STANDING ORDER IN PATENT CASES The court issues the following standing order in this case regarding procedures that supersede Local Patent Rule 6.2 with respect to motions for summary judgment and motions for partial summary judgment. Absent prior permission from the court, any motions for summary judgment or partial summary judgment that potentially may be impacted by the construction of disputed patent claim terms shall be filed only after the court has issued its ruling on claim construction. This direction supersedes Local Patent Rule 6.2, and any such motions filed prior to the court’s ruling on claim construction will be denied without prejudice. If a party believes that the construction of any claim term(s) may be dispositive of an issue, that party may submit a summary explanation to that effect, not to exceed two pages, attached to its opening claim construction brief. DATED this ____ day of _______________, 20__. BY THE COURT: ____________________________________ David Barlow United States District Court Judge

=== Creating the Best Transcript Possible ===

Creating the Best Transcript Possible From a presentation by the District of Utah Court Reporters October 2012 Creating the most accurate and complete transcript possible is part of an attorney’s obligation to the client. Federal Court Reporters serve as coaches to help provide the best permanent record of court events. An audio recording system does not alert you when the record is not clear. A court reporter exercises quality control at the moment the record is made. If the reporter cannot hear and understand, the jury and judge cannot hear and understand. Before Trial or Hearing • Discuss all the points in this document with your witness and trial team. • Provide technical terms and names specific to the trial so the Court Reporter may add them to their dictionary. • Witness lists and exhibit lists are also useful for the reporter. • Prepare your witness to speak slowly and clearly. • Pre arrange daily copy when desired. Reporters must schedule to work in shifts when • daily copy is required. If you are appearing before a magistrate judge and know you will need a transcript, ask the courtroom deputy the week before the hearing to schedule a court reporter. While in Court • Speak directly into the microphone. Do not move a mounted microphone away from your mouth. Move unmounted microphones on the table as near you as possible. • Stay near the podium microphone or use a lavaliere or hand mike. • Be precise when giving directions to a witness. “In the lower left hand corner” is easier to understand in a transcript than “over there.” Refer to exhibit numbers. • When the witness is at an easel, let the witness finish drawing or writing before asking questions. • Remember that an interpreter needs to hear you speak. • Slow down, especially when reading printed material. • Don’t talk over your witness, opposing counsel or the Judge. • Don’t be a “mush mouth,” blurring words and do not allow your voice to trail off at the end of questions or statements. • When the reporer says you speak “too fast,” this is not a compliment. • “Please repeat that” does not mean rephrase or explain; it means “repeat exactly what you said because it was unclear and I want the record to be accurate.” • When making an objection, stand up so the reporter is alerted and able to hear what you have to say. • Some courtroom acoustics are better than others. • Magistrate judge hearings are electronically recorded. Speaking clearly and slowly during digital recording ensures a better transcript. Stay near the microphone. State your name at the start of the hearing so the transcribing reporter can identify you.

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