Rule 16 Scheduling Order - Non-Patent (Rev. 4/12); Rule 16 Scheduling Order - Patent (Rev. 2/6/23); Model Criminal Voir Dire (Rev. 5/13); Sample Voir Dire - Non-Patent (Rev. 5/13); Sample Voir Dire - Patent (Rev. 5/13); Jury Verdict - Non-Patent (Rev. 7/13); Standing Order Regarding Responses to Def

=== Rule 16 Scheduling Order - Non-Patent (Rev. 4/12) ===

April 2012 For Non-Patent Cases SCHEDULING ORDER This ____ day of ________, 201_, the Court having conducted an initial Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding arbitration; IT IS ORDERED that: 1. Rule 26(a)(1) Initial Disclosures. Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order. 2. Joinder of Other Parties and Amendment of Pleadings. All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________, 201_. 3. Discovery. a. Discovery Cut Off. All fact discovery in this case shall be initiated so that it will be completed on or before ________, 201_. b. Document Production. Document production shall be substantially complete by _______, 201_. c. Requests for Admission. A maximum of ___ requests for admission are permitted for each side. d. Interrogatories. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. e. Depositions. i. Limitation on Hours for Deposition Discovery. Each side is limited to a total of __ hours of taking testimony by deposition upon oral examination. ii. Location of Depositions. Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district. Exceptions to this general rule may be made by order of the Court or by agreement of the parties. A defendant who becomes a counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an action in this Court for the purpose of this provision. f. Disclosure of Expert Testimony. i. Expert Reports. For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before ___________, 201_. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ____________, 201_. No other expert reports will be permitted without either the consent of all parties or leave of the Court. Along with the submissions of the expert reports, the parties shall advise of the dates and times of their experts’ availability for deposition. Any expert depositions shall be taken no later than __________, 201__. ii. Objections to Expert Testimony. To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. 2 g. Discovery Matters and Disputes Relating to Protective Orders. Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Case Manager to schedule a hearing. Unless otherwise ordered, by no later than forty- eight hours prior to the hearing, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. By no later than twenty-four hours prior to the hearing, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition. Should any document(s) be filed under seal, a courtesy copy of the sealed document(s) must be provided to the Court within one hour of e-filing the document(s). If a discovery-related motion is filed without leave of the Court, it will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the discovery matters procedures set forth in this Order. 4. Application to Court for Protective Order. Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(g) above. Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or 3 party subject to this order who becomes subject to a motion to disclose another party’s information designated as confidential pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed. 5. Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to the Clerk an original and one copy of the papers. A redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document. 6. Courtesy Copies. The parties shall provide to the Court two courtesy copies of all briefs and one courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. 7. Case Dispositive Motions. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 201_ [a date approximately four months prior to the pretrial conference]. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court. 8. Applications by Motion. Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1. 9. Pretrial Conference. On ________, 201_, the Court will hold a Rule 16(e) final pretrial conference in Court with counsel beginning at _____ _.m. The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the third business day before the date of the final pretrial conference. Unless otherwise ordered by 4 the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the preparation of the proposed joint final pretrial order. 10. Motions in Limine. Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three page submission (and, if the moving party, a single one page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 11. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 5 p.m. on the third business day before the date of the final pretrial conference. The plaintiff should expect to submit to an email address to be designated each of the foregoing four documents in WordPerfect format. 12. Trial. This matter is scheduled for a __ day ____ trial beginning at 9:30 a.m. on _________, 201_, with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to the jury for deliberations, the jury will be excused each day at 4:30 p.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their 5 respective cases. 13. ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. _________________________________ UNITED STATES DISTRICT JUDGE 6

=== Rule 16 Scheduling Order - Patent (Rev. 2/6/23) ===

February 2023 For Patent Cases1 SCHEDULING ORDER This ____ day of ________, 20 _, the Court having conducted an initial Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding arbitration; IT IS ORDERED that: 1. Rule 26(a)(1) Initial Disclosures. Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date of this Order. 2. Joinder of Other Parties and Amendment of Pleadings. All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ___________, 20__. 3. Discovery. a. Discovery Cut Off. All discovery in this case shall be initiated so that it will be completed on or before ________, 20__. b. Document Production. Document production shall be substantially complete by _______, 20__. c. Requests for Admission. A maximum of ___ requests for admission are permitted for each side. 1 For ANDA cases, the form should be modified as necessary by, for example, deleting paragraphs 10 and 14 and modifying paragraph 15 to reflect a three-day bench trial with trial days from 8:30 to 5:00 (10 ½ hours per side). d. Interrogatories. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. e. Depositions. i. Limitation on Hours for Deposition Discovery. Each side is limited to a total of __ hours of taking testimony by deposition upon oral examination. ii. Location of Depositions. Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district. Exceptions to this general rule may be made by order of the Court or by agreement of the parties. A defendant who becomes a cross-claimant or third-party plaintiff shall be considered as having filed an action in this Court for the purpose of this provision. f. Discovery Matters and Disputes Relating to Protective Orders. Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s opposition. A party should include with its letter a proposed order with a detailed issue-by-issue ruling such that, should the Court agree with the party on a particular issue, the Court could sign the proposed order as to that issue, and the opposing party would be able to 2 understand what it needs to do, and by when, to comply with the Court’s order. Any proposed order shall be e-mailed, in Word format, simultaneously with filing to [email protected]. If a discovery-related motion is filed without leave of the Court, it will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the discovery matters procedures set forth in this Order. g. Miscellaneous Discovery Matters. i. The parties may, if they choose, agree to a timetable for initial patent disclosures either as set forth in the Delaware Default Standard for Discovery or as agreed to by the parties, and the parties should set forth any such agreement in the scheduling order. ii. The parties should set forth a statement identifying any other pending or completed litigation including IPRs involving one or more of the asserted patents. Plaintiff2 should advise whether it expects to institute any further litigation in this or other Districts within the next year. Defendant should advise whether it expects to file one or more IPRs and, if so, when. iii. The parties, if they think it necessary, should set times in the schedule for reducing the number of asserted claims and asserted prior art used for anticipation and obviousness combinations. The usual points where the Court will consider such limits are before claim construction and after a ruling on claim construction. iv. If one or more of the patents-in-suit have already been licensed or 2 Plaintiff and Defendant refer to the party or parties asserting infringement and the party or parties accused of infringement. The parties should modify the language as necessary, for example, in a declaratory judgment action. 3 the subject of a settlement agreement, either (1) Plaintiff shall provide the licenses and/or settlement agreements to Defendant no later than the time of the initial Rule 16(b) scheduling conference, or (2) if Plaintiff requires a Court Order to make such disclosures, Plaintiff shall file any necessary proposed orders no later than twenty-four hours before the initial Rule 16(b) scheduling conference. Plaintiff shall represent in the scheduling order that it is complying or has complied with this requirement. All parties shall be prepared to discuss at the conference what their preliminary views of damages are. 4. Application to Court for Protective Order. Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(f) above. Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated as confidential pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed. 5. Papers Filed Under Seal. When filing papers under seal, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document. 4 6. Claim Construction Issue Identification. On or before ________, 20__, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s)3. This document will not be filed with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than ____________, 20__. The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to [email protected]. The Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions. The Joint Claim Construction Chart should include an explanation of why resolution of the dispute makes a difference. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with the Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument. 7. Claim Construction Briefing4. Plaintiff shall serve, but not file, its opening brief, 3 If a party proposes a construction of a term to be its “plain and ordinary” meaning, the party must explain what that meaning is. If a term is arguably a means-plus-function term, and a party does not propose a function and a structure, it is waiving any right to propose a function and a structure at a later time. 4 As each brief is written and provided to the opposing party, the individual responsible for verifying the word count will represent to the other party that it has so verified and by what means. These verifications should not be provided to the Court unless a dispute arises about them. Pictures, Figures copied from the patent, and other illustrations do not count against the word limit. Plaintiff should include with its opening brief one or more representative claims with the disputed terms italicized. Should Defendant want to add additional representative claims, Defendant may do so. The representative claims and the agreed-upon claim constructions do not count against the word limits. 5 not to exceed 5,000 words, on ________. Defendant shall serve, but not file, its answering brief, not to exceed 7,500 words, on ________. Plaintiff shall serve, but not file, its reply brief, not to exceed 5,000 words, on ________. Defendant shall serve, but not file its sur-reply brief, not to exceed 2,500 words, on ________. No later than ___________, the parties shall file a Joint Claim Construction Brief. The parties shall copy and past their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below. JOINT CLAIM CONSTRUCTION BRIEF I. II. III. A. 1. 2. 3. 4. B. Representative Claims Agreed-upon Constructions Disputed Constructions [TERM 1]5 Plaintiff’s Opening Position Defendant’s Answering Position Plaintiff’s Reply Position Defendant’s Sur-Reply Position [TERM 2] 1. 2. 3. 4. Plaintiff’s Opening Position Defendant’s Answering Position Plaintiff’s Reply Position Defendant’s Sur-Reply Position Etc. The parties need not include any general summaries of the law relating to claim construction. If there are any materials that would be submitted in an appendix, the parties shall submit them in a Joint Appendix. 5 For each term in dispute, there should be a table or the like setting forth the term in dispute, the parties’ competing constructions, and why resolution of the dispute matters. The table does not count against the word limits. 6 8. Hearing on Claim Construction. Beginning at _____ a.m. on ___________, 20__, the Court will hear argument on claim construction. Absent prior approval of the Court (which, if it is sought, must be done so by joint letter submission no later than the date on which answering claim construction briefs are due), the parties shall not present testimony at the argument, and the argument shall not exceed a total of three hours. When the Joint Claim Construction Brief is filed, the parties shall simultaneously file a motion requesting the above- scheduled claim construction hearing, state that the briefing is complete, and state how much total time the parties are requesting that the Court should allow for the argument. 9. Disclosure of Expert Testimony. a. Expert Reports. For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before ___________, 20__. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ____________, 20__. Reply expert reports from the party with the initial burden of proof are due on or before ________, 20__. No other expert reports will be permitted without either the consent of all parties or leave of the Court. If any party believes that an expert report does not comply with the rules relating to timely disclosure or exceeds the scope of what is permitted in that expert report, the complaining party must notify the offending party within one week of the submission of the expert report. The parties are expected to promptly try to resolve any such disputes, and, when they cannot reasonably be resolved, use the Court’s Discovery Dispute Procedure or the complaint will be waived. Along with the submissions of the expert reports, the parties shall advise of the dates and 7 times of their experts’ availability for deposition. Depositions of experts shall be completed on or before _____________, 20__. b. Objections to Expert Testimony. To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. 10. Case Dispositive Motions. All case dispositive motions shall be served and filed on or before ____________, 20__. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court. Absent an order of the Court upon a showing of good cause, each side is limited to one forty-page opening brief, one forty- page answering brief, and one twenty-page reply brief for all of its Daubert and case dispositive motions. 11. Applications by Motion. Except as otherwise specified herein, any application to the Court shall be by written motion. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1. 12. Pretrial Conference. On ________, 20 __, the Court will hold a Rule 16(e) final pretrial conference in Court with counsel beginning at _____ a.m. The parties shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the fourth business day before the date of the final pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the preparation of the proposed joint final pretrial order. 8 13. Motions in Limine. Motions in limine shall be separately filed, with each motion containing all the argument described below in one filing for each motion. Any supporting documents in connection with a motion in limine shall be filed in one filing separate from the motion in limine. Each party shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument and may be opposed by a maximum of three pages of argument, and the party making the in limine request may add a maximum of one additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three page submission (and, if the moving party, a single one page reply). No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 14. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later than 6 p.m. on the fourth business day before the date of the final pretrial conference. Areas of dispute shall be identified as narrowly as possible and in a manner that makes it readily apparent what the dispute is. The parties shall submit simultaneously with filing each of the foregoing four documents in Word format to [email protected]. 15. Trial. This matter is scheduled for a five (5) day6 jury trial beginning at 9:30 a.m. 6 Five days (i.e., about ten to thirteen hours per side) is the presumptive length of a patent jury trial. If the parties think it is obvious that this will not be enough, they may put in a different length and should be prepared to explain why at the Rule 16 conference. A final decision on the 9 on _________, 20__, with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to the jury for deliberations, the jury will be excused each day at 5:00 p.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases. 16. Discovery Referral. This matter is referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. (This referral is optional, and should be deleted unless all parties agree to it.) 17. Mediation (for use in non-ANDA patent cases). The Parties are required to engage in good faith in an in-person mediation. They are to hire a jointly agreed-upon mediator. The timing of mediation efforts is left to the discretion of the Parties, but the mediation efforts need to be conducted in advance of the pretrial conference. The Parties are required to submit a joint statement no later than one week before the pretrial conference. The joint statement is to included the identification of the mediator, the lead counsel for each party at the mediation, the length of the mediation, and the certification of the lead mediation counsel that they have engaged in the efforts in good faith. If the Parties anticipate any further efforts by the mediator at the time of the submission, they should so advise. The joint statement should not disclose the substance of any offers, counter-offers, or other negotiations. _________________________________ UNITED STATES DISTRICT JUDGE precise length of trial will not be made before the final pretrial conference. 10

=== Model Criminal Voir Dire (Rev. 5/13) ===

VOIR DIRE Good morning, ladies and gentlemen. I am Judge Andrews. We are going to select a jury in a criminal case called _____ ___ __ ____ _ __ _ _ I am going to ask you a series of questions to help the Court and the attorneys in the jury selection process. Before I ask any questions, I am going to ask the Deputy Clerk to swear the jury panel to answer any questions truthfully. (To Deputy, Please swear the panel). If any ofyou answer "yes" to any ofthe questions that I ask, please raise your hand, and, when recognized by me, please stand, state your name and your jury number. At the end of the questions, the Deputy Clerk will ask some of you to take seats in the jury box, and, after that, the lawyers and I may ask those of you who answered "yes" to one or more questions to come up to the bench to discuss your answers with the lawyers and me. The presentation of evidence in this case is expected to take __ days, but jury deliberations could extend your service beyond that. The schedule that I expect to keep over the days of evidence presentation will include a morning break of fifteen minutes, a lunch break of an hour, and an afternoon break of fifteen minutes. We will start at 9:30a.m. and finish no later than 5 p.m. each day. 1. Does the schedule that I have just mentioned present a special problem to any of you? 2. (Description of the case). This is a criminal case involving charges of __ __ ____ . The jury in this case will be asked to decide whether the defendant is guilty beyond a reasonable doubt of the charges against him/her. 2A. Have any of you heard or read anything about this case? 2B. Is there anything about the nature of the charges that would prevent you from being a fair and impartial juror? 3. The lawyers and law firms involved in this case are: (typed list to be supplied by the parties). Do any of you or your immediate families, such as spouse, child, parent, or sibling, know any of the attorneys or law firms I have just named? 4. Have any of you or your immediate families had any business dealings with, or been employed by, any of these attorneys or law firms? 5. The potential witnesses in this case are: (typed list to be supplied by the parties). Are you familiar with any of these potential witnesses? 6. The law enforcement agencies involved in this case are - - - - - - - - - - - investigated this case interfere with your ability Would the fact that to be fair and impartial? 7. Have you or any member of your immediate family ever been employed by, or investigated by, any law enforcement agency, including ? 8. Do you believe that you will give more or less weight to the testimony of a law enforcement officer, simply because he or she is employed as a law enforcement officer? 9. Have you or any member of your immediate family ever been (a) a victim of a crime, (b) a witness in a criminal case, or (c) arrested for a crime, not including minor traffic offenses? 10. Do you have any opinions about the criminal justice system that might make it difficult for you to be a fair and impartial juror in this case? 11. If you are selected to sit as a juror in this case, are you aware of any reason why you would be unable to render a verdict based solely on the evidence presented at trial? 12. If you are selected to sit as a juror in this case, are you aware of any reason why you would not be able to follow the law as I give it to you? 13. A fundamental principle of our legal system is that when a person is charged with a crime, [ s ]he is presumed to be innocent unless and until the Government proves guilt beyond a reasonable doubt. If you are selected as to sit as a juror in this case, will you have difficulty following this rule of law? 14. , as the defendant in this case, may choose not to testify in his/her own defense, and I instruct you that the choice not to testify, if that is be held against difficulty following this instruction? . If you are selected as a juror in this case, will you have choice, may not 15. Testimony may be presented in this case by a witness who has agreed to testify as part of a guilty plea agreement with the Government. I instruct you that if such a witness testifies, you will have to evaluate that witness's testimony as you would that of any other witness. If you are selected as a juror in this case, will you have difficulty following this instruction? 16. Have you served on a jury in a criminal case before? 17. Have you served on a grand jury before? 18. Is there anything, such as poor vision, difficulty hearing, difficulty understanding spoken or written English, that would make it difficult for you to serve on this jury? 19. This is the last question. Is there anything else, including something you have remembered in connection with one of the earlier questions, that you think you would like to tell me in connection with your service as a juror in this case?

=== Sample Voir Dire - Non-Patent (Rev. 5/13) ===

VOIR DIRE Good morning, ladies and gentlemen. I am Judge Andrews. We are going to select a jury in a civil case called Safeguard Scientifics, Inc., v. Saints Capital Dakota, L.P. I am going to ask you a series of questions to help the Court and the attorneys in the jury selection process. Before I ask any questions, I am going to ask the Deputy Clerk to swear the jury panel to answer any questions truthfully. (To Deputy, Please swear the panel). If any ofyou answer "yes" to any ofthe questions that I ask, please raise your hand, and, when recognized by me, please stand, state your name and your jury number. At the end of the questions, the Deputy Clerk will ask some of you to take seats in the jury box, and, after that, the lawyers and I may ask those of you who answered "yes" to one or more questions to come up to the bench to discuss your answers with the lawyers and me. The presentation of evidence in this case is expected to take about five days, and arguments and jury deliberations would likely extend your service into the first day or two of next week. The schedule that I expect to keep over the days of evidence presentation will include a morning break of fifteen minutes, a lunch break of an hour, and an afternoon break of fifteen minutes. We will start at 9:30a.m. and finish no later than 5 p.m. each day. 1. Does the schedule that I have just mentioned present a special problem to any of you? 2. (Description of the case). This is a breach of contract lawsuit relating to the sale of a number of companies in 2008. The Plaintiff is Safeguard Scientifics, Inc., of Wayne, Pennsylvania. I will call it Safeguard or Plaintiff. Safeguard was the seller of the companies. It has sued the Defendant, who is Saints Capital Dakota, L.P ., of San Francisco, California I will call it Saints or Defendant. Safeguard says it has lived up to the sales contract and that Saints owes it millions of dollars. Saints says that Safeguard breached the contract and that Saints does not owe Safeguard anything and that Safeguard owes it millions of dollars. The jury in this case will be asked to decide whether there has been a breach of contract and damages, if any. For those of you who end up being on the jury, I will give more detailed instructions on the law later in the case. Have any of you heard or read anything about this case? 3. The lawyers and law firms involved in this case are: (See attached typed list). Do any of you or your immediate families, such as spouse, child, parent, or sibling, know any of the attorneys or law firms I have just named? 4. Have any of you or your immediate families had any business dealings with, or been employed by, any of these attorneys or law firms? 5. Have any of you or your immediate families ever been employed by Safeguard, or Saints, or by Laureate Pharma, Inc., of Princeton, New Jersey, or by Alliance Holdings, Inc., Alliance Global Services, Inc., or Alliance Life Scieences, all of Abington, Pennsylvania? 6. Have any of you or your immediate families ever owned stock in any of these companies? 7. Have any of you or your immediate families ever had a business relationship with any of these companies? 8. Have any of you or your immediate families ever had any experience, good or bad, with any of these companies, that might keep you from being a fair and impartial juror in this case? 9. Do you possess any opinions about any of these companies that might keep you from being a fair and impartial juror in this case? 10. The potential witnesses in this case are: (See attached typed list). Are you familiar with any of these potential witnesses? 11. Have you or any member of your immediate family ever been employed by the United States Food & Drug Administration? 12. Have you or any member of your immediate family ever been employed by a venture capital company? 13. Have you served as a juror in a civil lawsuit within the last fifteen (15) years? 14. Have any of you, or your immediate families, taken a drug or medicine that was defective, impure or contaminated? 15. If you are selected to sit as a juror in this case, are you aware of any reason why you would be unable to render a verdict based solely on the evidence presented at trial? 16. If you are selected to sit as a juror in this case, are you aware of any reason why you would not be able to follow the law as I give it to you? 17. Is there anything, such as poor vision, difficulty hearing, difficulty understanding spoken or written English, that would make it difficult for you to serve on this jury? 18. Have you previously been a party or a witness in a breach of contract lawsuit? 19. This is the last question. Is there anything else, including something you have remembered in connection with one of the earlier questions, that you think you would like to tell me in connection with your service as a juror in this case?

=== Sample Voir Dire - Patent (Rev. 5/13) ===

VOIR DIRE Good morning, ladies and gentlemen. I am Judge Andrews. We are going to select a jury in a civil case c a l l ed - - - - - - - - - - - - - - - - - - - - - - - - - - I am going to ask you a series of questions to help the Court and the attorneys in the jury selection process. Before I ask any questions, I am going to ask the Deputy Clerk to swear the jury panel to answer any questions truthfully. (To Deputy, Please swear the panel). If any of you answer "yes" to any of the questions that I ask, please raise your hand, and, when recognized by me, please stand, state your name and your jury number. At the end of the questions, the Deputy Clerk will ask some of you to take seats in the jury box, and, after that, the lawyers and I may ask those of you who answered "yes" to one or more questions to come up to the bench to discuss your answers with the lawyers and me. The presentation of evidence in this case is expected to take __ days, but jury deliberations could extend your service beyond that. The schedule that I expect to keep over the days of evidence presentation will include a morning break of fifteen minutes, a lunch break of an hour, and an afternoon break of fifteen minutes. We will start at 9:30a.m. and finish no later than 5 p.m. each day. 1. Does the schedule that I have just mentioned present a special problem to any of you? 2. (Description ofthe case). This is a patent lawsuit involving washing machines. The Plaintiff is LG Electronics. LG owns patents relating to washing machines. It has sued the defendants, who are ASKO Appliances, Daewoo Electronics, and Digital Symphony Corporation. The Defendants manufacture or sell washing machines. LG, the Plaintiff, says some of those washing machines infringe its patents. The Defendants deny infringement and also say that the patents are invalid. The jury in this case will be asked to decide whether the washing machines infringe the patents, and whether the patents are valid. For those of you who end up being on the jury, I will give more detailed instructions on the law later in the case. Have any of you heard or read anything about this case? 3. The lawyers and law firms involved in this case are: (typed list to be supplied by the parties). Do any of you or your immediate families, such as spouse, child, parent, or sibling, know any of the attorneys or law firms I have just named? 4. Have any of you or your immediate families had any business dealings with, or been employed by, any of these attorneys or law firms? 5. Have any of you or your immediate families ever been employed by LG Electronics, ASKO Appliances, Daewoo Electronics, or Digital Symphony Corp.? 6. Have any of you or your immediate families ever owned stock in any of these companies? 7. Have any of you or your immediate families ever had a business relationship with any of these companies? 8. Have any of you or your immediate families ever had any experience, good or bad, with any of these companies, that might keep you from being a fair and impartial juror in this case? 9. Do you possess any opinions about any of these companies that might keep you from being a fair and impartial juror in this case? 10. The potential witnesses in this case are: (typed list to be supplied by the parties). Are you familiar with any of these potential witnesses? f 11. Have you or any member of your immediate family ever been employed by the United States Patent and Trademark Office? 12. Have you or any member of your immediate family ever applied for, or obtained, a United States or foreign patent? 13. Have you or any member of your immediate family ever been involved in a dispute about patent rights? 14. Do you have any opinions about patents, patent rights, or the United States Patent and Trademark Office that might make it difficult for you to be a fair and impartial juror in this case? 14A. Have you served on a jury in a civil case within the last fifteen years? 15. If you are selected to sit as a juror in this case, are you aware of any reason why you would be unable to render a verdict based solely on the evidence presented at trial? 16. If you are selected to sit as a juror in this case, are you aware of any reason why you would not be able to follow the law as I give it to you? 17. Is there anything, such as poor vision, difficulty hearing, difficulty understanding spoken or written English, that would make it difficult for you to serve on this jury? 18. Do you have any experience with the design or manufacture of washing machines? 19. Have you ever been employed to repair washing machines? 20. This is the last question. Is there anything else, including something you have remembered in connection with one of the earlier questions, that you think you would like to tell me in connection with your service as a juror in this case? I t f ! I I

=== Jury Verdict - Non-Patent (Rev. 7/13) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ABC CORPORATION, v. XYZ LLC, Plaintiff, Defendant. : : : : : : : : : Civil Action No. XX-XXXX-RGA JURY VERDICT ABC Corporation Breach of Contract Claims Re: Lease of Guaranty Release 1. Did ABC prove by a preponderance of the evidence that Saints breached Section 6.10 of the Purchase Agreement? Yes ________ No ________ If the answer to question 1 is “yes,” go to question 2. If the answer to question 1 is “no,” do not answer question 2 and 3. Go to question 4. 2. Did ABC prove by a preponderance of the evidence that it had any damages caused by the breach? Yes _______ No _______ If the answer to question 2 is “yes,” go to question 3. If the answer to question 2 is “no,” do not answer question 3. Go to question 4. 3. What is the amount of damages? _________________________ (Amount in words) _________________________ (Amount in numbers) If you have completed question 3, go to question 4. Re: Severance Payment 4. Did ABC prove by a preponderance of the evidence that Saints breached section 6.14 of the Purchase Agreement? Yes _________ No _________ If the answer to question 4 is “yes,” go to question 5. If the answer to question 4 is “no,” do not answer question 5 and 6. Got to question 7. 5. Did Safeguard prove by a preponderance of the evidence that it had any damages caused by the breach? Yes _________ No _________ If the answer to question 5 is “yes,” go to question 6. If the answer to question 5 is “no,” do not answer question 6. Got to question 7. 6. What is the amount of damages? ______________________ (Amount of words) ______________________ (Amount in numbers) If you have completed question 6, go to question 7. XYZ Breach of Contract Claims Re: The Fill Finish Facility (Reasonable Fitness) 7. Did XYZ prove by a preponderance of the evidence that ABC breached section 4.5 of the Purchase Agreement? Yes _________ No _________ If the answer to question 7 is “yes,” go to question 8. If the answer to question 7 is “no,” do not answer questions 8,9, and 10. Go to question 11. 8. Did Saints prove by a preponderance of the evidence that it had any damages caused by the breach? Yes _________ No _________ If the answer to question 8 is “yes,” go to question 9. If the answer to question 8 is “no,” do no answer question 9 and 10. Go to question 11. 9. What is the amount of damages? ____________________ (Amount in words) ____________________ (Amount in numbers) If you have completed question 9, go to question 10. 10. Did XYZ prove by a preponderance of the evidence that any breach of section 4.5 of the Purchase Agreement was a willful breach? Yes __________ No __________ If you have completed question 10, got to question 11. Re: The Fill Finish Facility (Compliance) 11. Did XYZ prove by a preponderance of the evidence that ABC breached section 4.6 of the Purchase Agreement? Yes _________ No _________ If the answer to question 11 is “yes,” go to question 12. If the answer to question 11 is “no,” do no answer questions 12,13,14 and 15. Go to question 16. 12. Did XYZ prove by a preponderance of the evidence that it had any damages cause by the breach? Yes _________ No _________ If the answer to question 12 is “yes,” go to question 13. If the answer to question 12 is “no,” do not answer questions 13,14 and 15. Go to question 16. 13. What is the amount of damages? ____________________ (Amount in words) ___________________ (Amount in numbers) If you have completed question 13, and also completed question 9, got to question 14. If you have completed question 13, but did not complete question 9, go to question 15. 14. What is the amount of damages cause by the breach of both sections 4.5 and 4.6? ____________________ (Amount in words) ____________________ (Amount in numbers) If you have completed question 14, go to question 15. 15. Did XYZ prove by a preponderance of the evidence that any breach of section 4.6 of the Purchase Agreement was a willful breach? Yes _________ No _________ If you have completed question 15, go to question 16. Re: Excess and Obsolete Inventory 16. Did XYZ prove by a preponderance of the evidence that ABC breached sections 4.7 and 4.10 of the Purchase Agreement? Yes _________ No _________ If the answer to question 16 is “yes,” go to question 17. If the answer to question 16 is “no,” do not answer questions 17 and 18. Got to question 19. 17. Did XYZ prove by a preponderance of the evidence that it had any damages caused by the breach? Yes ________ No ________ If the answer to question 17 is “yes,” go to question 18. If the answer to question 17 is “no,” do no answer question 18. Go to question 19. 18. What is the amount of damages? _________________________ (Amount in words) _________________________ (Amount in numbers) If you have completed question 18, go to question 19. Re: Bad Debt Reserve 19. Did XYZ prove by a preponderance of the evidence that ABC breached sections 4.7. and 4/9 of the agreement? Yes _________ No _________ If the answer to question 19 is “yes,” go to question 20. If the answer to question 19 is “no,” do not answer questions 20 and 21. Go to question 22. 20. Did XYZ prove by a preponderance of the evidence that it had any damages caused by the breach? Yes __________ No __________ If the answer to question 20 is “yes,” go to question 21. If the answer to question 20 is “no,” do not answer question 21. Got to question 22. 21. What is the amount of damages? ________________________ (Amount in words) ________________________ (Amount in numbers) If you have completed question 21, go to question 22. Re: Full Disclosure Representation 22. Did XYZ prove by a preponderance of the evidence that ABC breached section 3.9 of the Purchase Agreement? Yes _______ No _______ If the answer to question 22 is “yes,” question 23. If the answer to question 22 is “no,” do not answer questions 23 and 24. Go to question 25. 23. Did XYZ prove by a preponderance of the evidence that it had any damages caused by the breach? Yes _______ No _______ If the answer to question 23 is “yes,” go to question 24. If the answer to question 23 is “no,” do not answer question 24. Go to question 25. 24. What is the amount of damages? _______________________ (Amount in words) _______________________ (Amount in numbers) If you have completed question 24, go to question 25. Re: Completeness/Correctness of Books and Records 25. Did XYZ prove by a preponderance of the evidence that ABC breached section 4.14 of the Purchase Agreement? Yes ________ No ________ If the answer to question 25 is “yes,” go to question 26. If the answer to question 25 is “no,” do not answer question 26 and 27. You should tell the Court Security Officer you have a verdict. 26. Did XYZ prove by a preponderance of the evidence that it had any damages caused by the breach? Yes ________ No ________ If the answer to question 26 is “yes,” go to question 27. If the answer to question 26 is “no,” do not answer question 27. You should tell the Court Security Officer you have a verdict. 27. What is the amount of damages? ______________________ (Amount in words) ______________________ (Amount in numbers) If you have completed question 27, you should tell the Court Security Officer you have a verdict. Dated: _______________________ Juror 1 _______________________ Juror 2 _______________________ Juror 3 _______________________ Juror 4 __________________________ Juror 5 __________________________ Juror 6 __________________________ Juror 7 __________________________ Juror 8 __________ Date _________________________________ U.S.D.J.

=== Standing Order Regarding Responses to Defense Motions in Criminal Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ST ANDING ORDER REGARDING RESPONSES TO DEFENSE MOTIONS IN CRIMINAL CASES BEFORE JUDGE ANDREWS STANDING ORDER WHEREAS, the practice at arraignment, and at other times, is to set deadlines for Defendants to file motions; WHEREAS, there are no applicable local criminal rules as to the timing or the obligation of the United States to respond to such motions; WHEREAS, the undersigned believes that the Court would benefit from having responses from the United States as a matter of course and pursuant to a presumptive rule of scheduling; NOW, THEREFORE, thisilf day of April 2017, IT IS HEREBY ORDERED: 1. Whenever a Defendant files a pretrial motion and there is no case-specific Court Order establishing a timetable for a response from the United States, the United States shall file a response no later than twenty-one (21) calendar days from the date that the Defendant's motion was filed; 2. For good cause shown, the United States may request an alteration to the presumptive schedule; and 3. Whenever the response of the United States is to a "suppression motion," the response shall include the position of the United States as to whether an evidentiary hearing is required, including, if appropriate, the reasons for the position of the United States. ~s~is~

=== Standing Order Regarding Briefing in All Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER REGARDING BRIEFING IN ALL CASES IT IS HEREBY ORDERED this 9th day of December, 2019, that the following briefing option shall apply IN ALL CASES where parties are represented by counsel. For all double-spaced submissions where there are page limits specified by Order or Rule, the parties may alternatively use a word count limit. The word count limit is 250 words per page and shall not exceed the total word count for the page limit specified in the Order or Rule. For example, if the page limit specified is 20 pages, the maximum number of words for the submission is 5,000 (20 x 250). To the extent that a word count is used, a certification as to the total number of words must be attached as part of the submission. Page 1 of l