Sample Civil Non-Patent Voir Dire.pdf; Sample Civil - Patent Voir Dire.pdf; Sample Criminal Jury Trial Voir Dire.pdf; Rule 16 Scheduling Order - Non-Patent - Jury Trial.pdf; Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial.pdf; Rule 16 Scheduling Order - Non-Patent - Bench Trial.pdf; Rule 16 Sc

=== Sample Civil Non-Patent Voir Dire.pdf ===

VOIRDIRE Good morning, ladies and gentlemen. I am Judge Williams. We are going to select a jury in a civil 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 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, and arguments and jury deliberations would likely 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 limch break of an hour, and an afternoon break of fifteen minutes. We will start at 9:30 a.m. and finish no later than 5:30 p.m. each day. 1. Does the schedule that I have just mentioned present a special problem for 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 (List all involved)( e.g. Safeguard, or Saints, or by Laureate Pharma, Inc., of Princeton, New Jersey, or by Alliance Holdings, Inc., Alliance Global Services, Inc., or Alliance Life Sciences, 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 Civil - Patent Voir Dire.pdf ===

VOIRDIRE Good morning, ladies and gentlemen. I am Judge Williams. We are going to select a jury in a civil 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 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 iuclude a morning break of fifteen mmutes, a lunch break of an hour, and an afternoon break of fifteen minutes. We will start at 9:30 a.m. and finish no later than 5:30 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 patent lawsuit involvmg 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 Plaiutiff, says some of those washing machines infiinge 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 (e.g. 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? 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 (e.g. washing machines)? 19. Have you ever been employed to repair (e.g. 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?

=== Sample Criminal Jury Trial Voir Dire.pdf ===

VOIRDIRE Good morning, ladies and gentlemen. I am Judge Williams. We are going to . select a jiuy 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 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 9:30 a.m. and finish no later than 5:30 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 . Would the fact that be fair and impartial? investigated this case interfere with your ability to 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 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 choice, may not be held against will you have difficulty following this instruction? . If you are selected as a juror in this case, 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 jxiry 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?

=== Rule 16 Scheduling Order - Non-Patent - Jury Trial.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (GBW) SCHEDULING ORDER [NON-PATENT; JURY TRIAL] 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 and E-Discovery Default Standard. 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 (5) days of the date the Court entered this Order. If they have not already done so, the parties are to review the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is incorporated herein by reference. 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 . Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 3(g) and 4. 3. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules of Civil Procedure shall be strictly observed. (a) Fact Discovery Cut Off. All fact discovery in this case shall be initiated so that it will be completed on or before . (b) Document Production. Document production shall be substantially complete by . (c) Requests for Admission. A maximum of ___ requests for admission are permitted for each side. (d) Interrogatories. i. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. ii. The Court encourages the parties to serve and respond to contention interrogatories early in the case. In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party 2 with the burden of proof. The adequacy of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more detail a party provides, the more detail a party shall receive). (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. 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 of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before . The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before . Reply expert reports from 3 the party with the initial burden of proof are due on or before . 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. 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 Pharmaceuticals, 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. iii. Expert Discovery Cut Off. All expert discovery in this case shall be initiated so that it will be completed on or before . (g) Discovery Matters and Disputes Relating to Protective Orders. i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew. ii. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to 4 a protective over, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): __________________ Delaware Counsel: __________________ Lead Counsel: __________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. 5 iv. Each party shall submit two (2) courtesy copies of its discovery letter and any attachments. v. Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference. 4. Motions to Amend. (a) Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend. 5. Motions to Strike. 6 (a) Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike. 6. 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 (10) days from the date the Court enters 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 7 another case. Any person or party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] 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. 7. Papers Filed Under Seal. In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document. 8. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal. 9. Case Dispositive Motions. (a) All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing]. Briefing will be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 8 may be filed more than ten (10) days before the above date without leave of the Court. (b) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. Each fact asserted by 9 the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis. Failure to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that fact remains in dispute for purposes of summary judgment. (c) Ranking of Summary Judgment Motions. Any party that files more than one summary judgment motion shall number each motion to indicate the order in which the party wishes the Court to review its pending motions. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the party’s summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any lower ranked summary judgment motions filed by the party. 10. 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. 10 11. 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 (3) 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 (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 12. Pretrial Conference. On , the Court will hold a pretrial conference in Court with counsel beginning at ___ .m. The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The 11 Court will advise the parties at or before the above-scheduled pretrial conference whether an additional pretrial conference will be necessary. The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered. 13. 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 seven (7) full days before the final pretrial conference. This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to [email protected]. 14. Trial. This matter is scheduled for a ______ day jury trial beginning at 9:30 a.m. on , 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 5:30 p.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases. 15. ADR Process. This matter may be referred to a magistrate judge to explore the possibility of alternative dispute resolution if the parties jointly request such a referral. 12 16. Page/Word Limitations. Where page limits are specified by order or rule, the parties shall use a word-count limit. For each page allowed by order or rule, the parties shall use up to 250 words. For example, where the page limit specified by rule is 20 pages, the maximum number of words for a party's submission would be 5,000 (20 x 250). A certification as to the total number of words must be included in any submission. 17. Font. The text for all briefs, letters, motions, and concise statements of fact shall be 14-point and in Times New Roman or similar typeface. Each such filing must include a certification by counsel that the filing complies with the type, font, and word limitations set forth in this Order. The person who prepares the certification may rely on the word count of the word- processing system used to prepare the filing. 18. Compendium of Cases. A party may submit with any briefing two (2) courtesy copies of a compendium of the selected authorities on which the party would like the Court to focus. Compendiums of cases shall not be filed electronically with the Court, but a notice of service of a compendium of cases shall be filed electronically with the Court. 19. Relevant Deadlines and Dates. All relevant deadlines and dates established by this Order are set forth in the chart attached as Exhibit A. 13 ____________________________________ The Honorable Gregory B. Williams United States District Judge 14 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Rule 16 Scheduling Order - Patent NON-ANDA Jury Trial.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (GBW) [PROPOSED] SCHEDULING ORDER [PATENT, NON-ANDA] 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 HEREBY ORDERED that: 1. Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order. If they have not already done so, the parties are to review the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (‘‘ESI”), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is incorporated herein by reference. 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 . Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 4(g) and 5. 3. Disclosures. Absent agreement among the parties, and approval of the Court: (a) By , Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent. (b) By , Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s). (c) By , Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes. 2 (d) By , Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references. contentions. (e) By , Plaintiff shall provide final infringement (f) By , Defendant shall provide final invalidity contentions. 4. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules of Civil Procedure shall be strictly observed. (a) Fact Discovery Cut Off. All fact discovery in this case shall be initiated so that it will be completed on or before . (b) Document Production. Document production shall be substantially complete by . (c) Requests for Admission. A maximum of ___ requests for admission are permitted for each side. (d) Interrogatories. i. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. ii. The Court encourages the parties to serve and respond to contention interrogatories early in the case. In the absence of agreement among 3 the parties, contention interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more detail a party provides, the more detail a party shall receive). (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. 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 of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before . The supplemental disclosure to contradict or rebut evidence on the same matter identified by another 4 party is due on or before . Reply expert reports from the party with the initial burden of proof are due on or before . 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. 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 Pharmaceuticals, Inc., (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. Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions. iii. Expert Discovery Cut-Off. All expert discovery in this case shall be initiated so that it will be completed on or before . (g) Discovery Matters and Disputes Relating to Protective Orders. i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the 5 dispute – that 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 submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: Lead Counsel: The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the 6 application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. iv. Each party shall submit two (2) courtesy copies of its discovery letter and any attachments. v. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. 5. Motions to Amend. (a) Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend. 7 6. Motions to Strike. (a) Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike. 7. Technology Tutorials. Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument. As to the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.). The 8 parties may choose to file their tutorial under seal, subject to any protective order in effect. 8. Claim Construction Issue Identification. On or before , 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). On or before _____, the parties shall respond to and provide their proposed construction for any term(s)/phrase(s) presented by the other side for which the party did not initially provide a construction. These documents 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 . The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to [email protected]. The parties' 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. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not provide argument. 9 9. Claim Construction Briefing. Plaintiff shall serve, but not file, its opening brief, 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 paste 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. Agreed-Upon Constructions II. Disputed Constructions [TERM 1] 1. 2. 3. 4. 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 10 If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix. 10. Hearing on Claim Construction. Beginning at ___ .m. on , the Court will hear argument on claim construction. The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing. Provided that the parties comply with all portions of this Scheduling Order, and any other orders of the Court, the parties should anticipate that the Court will issue its claim construction order within sixty (60) days of the conclusion of the claim construction hearing. If the Court is unable to meet this goal, it will advise the parties no later than sixty (60) days after the conclusion of the claim construction hearing. 11. Interim Status Report. On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date. Thereafter, if the Court deems it necessary, it will schedule a status conference. 12. Supplementation. Absent agreement among the parties, and approval of the Court, 11 (a) no later than the patentee must finally supplement the identification of all accused products and serve final infringement contentions; and (b) no later than the accused infringers must finally supplement the identification of all invalidity references and serve final invalidity contentions. 13. Case Dispositive Motions. (a) All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before [a date approximately four months prior to the pretrial conference, the four months being calculated from the conclusion of the briefing]. Briefing will be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court. (b) Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which details each material fact which the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and 12 shall be supported by specific citation(s) to the record. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four (4) pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis. Failure to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that fact remains in dispute for purposes of summary judgment. (c) Page limits combined with Daubert motion page limits. Each party is permitted to file as many case dispositive motions as desired provided, 13 however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.1 (d) Ranking of Summary Judgment Motions. Any party that files more than one summary judgment motion shall number each motion to indicate the order in which the party wishes the Court to review its pending motions. The first motion the party wishes the Court to consider shall be designated #1, the second motion shall be designated #2, and so on. The Court will review the party’s summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined 1 The parties must work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered by this scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule. 14 sua sponte by the Court, the Court will not review any lower ranked summary judgment motions filed by the party. 14. 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. 15. 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 (10) days from the date the Court enters this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 4(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 party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] 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. 15 16. Papers Filed Under Seal. In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document. 17. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal. 18. 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 SIDE shall be limited to three (3) 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 (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (l) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 16 19. Pretrial Conference. On , the Court will hold a pretrial conference in Court with counsel beginning at ___ .m. Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered. 20. 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 seven (7) business days before the final pretrial conference. This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Microsoft Word format, which may be submitted by e-mail to [email protected]. 17 21. Trial. This matter is scheduled for a ___ day jury trial beginning at 9:30 a.m. on , 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 5:30 p.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases. 22. Judgment on Verdict and Post-Trial Status Report. Within seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter judgment on the verdict. At the same time, the parties shall submit a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file. 23. Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side, no matter how many such motions are filed. 24. ADR Process. This matter may be referred to a magistrate judge to explore the possibility of alternative dispute resolution if the parties jointly request such a referral. The Honorable Gregory B. Williams United States District Judge 18 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Rule 16 Scheduling Order - Non-Patent - Bench Trial.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (GBW) SCHEDULING ORDER [NON-PATENT; BENCH TRIAL] 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 and E-Discovery Default Standard. 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 (5) days of the date the Court entered this Order. If they have not already done so, the parties are to review the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is incorporated herein by reference. 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 . Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 3(g) and 4. 3. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules of Civil Procedure shall be strictly observed. (a) Fact Discovery Cut Off. All fact discovery in this case shall be initiated so that it will be completed on or before . (b) Document Production. Document production shall be substantially complete by . (c) Requests for Admission. A maximum of ___ requests for admission are permitted for each side. (d) Interrogatories. i. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. ii. The Court encourages the parties to serve and respond to contention interrogatories early in the case. In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party 2 with the burden of proof. The adequacy of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more detail a party provides, the more detail a party shall receive). (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. 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 of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before . The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before . Reply expert reports from 3 the party with the initial burden of proof are due on or before . 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. 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 Pharmaceuticals, Inc., (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local Rules. iii. Expert Discovery Cut Off. All expert discovery in this case shall be initiated so that it will be completed on or before . (g) Discovery Matters and Disputes Relating to Protective Orders. i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to 4 a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): __________________ Delaware Counsel: __________________ Lead Counsel: __________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. 5 iv. Each party shall submit two (2) courtesy copies of its discovery letter and any attachments. v. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. 4. Motions to Amend. (a) Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend. 5. Motions to Strike. 6 (a) Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike. 6. Case Dispositive Motions. Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in cases proceeding to a bench trial. 7. 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. 8. 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 (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the 7 authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 9. Pretrial Conference. On , the Court will hold a pretrial conference in Court with counsel beginning at ___ .m. The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The Court will advise the parties at or before the above-scheduled pretrial conference whether an additional pretrial conference will be necessary. The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered. 8 10. 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 (10) days from the date the Court enters 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 party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] 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. 11. Papers Filed Under Seal. In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document. 9 12. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal. 13. ADR Process. This matter may be referred to a magistrate judge to explore the possibility of alternative dispute resolution if the parties jointly request such a referral. 14. Trial. This matter is scheduled for a ______ day bench trial beginning at 9:30 a.m. on , with the subsequent trial days beginning at 9:30 a.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases. ____________________________________ The Honorable Gregory B. Williams United States District Judge 10 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Rule 16 Scheduling Order - Patent ANDA Bench Trial.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (GBW) PATENT FORM SCHEDULING ORDER (ANDA) 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 HEREBY ORDERED that: 1. Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date this Order is entered by the Court. If they have not already done so, the parties are to review the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery) and is incorporated herein by reference. 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 . Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 3(g) and 4. 3. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules of Civil Procedure shall be strictly observed. (a) Fact Discovery Cut Off. All fact discovery in this case shall be initiated so that it will be completed on or before . (b) Document Production. Document production shall be substantially complete by . (c) Requests for Admission. A maximum of ___ requests for admission are permitted for each side. (d) Interrogatories. i. A maximum of ___ interrogatories, including contention interrogatories, are permitted for each side. 2 ii. The Court encourages the parties to serve and respond to contention interrogatories early in the case. In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more detail a party provides, the more detail a party shall receive). (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. 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 of Civil Procedure 26(a)(2) 3 disclosure of expert testimony is due on or before . The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before . Reply expert reports from the party with the initial burden of proof are due on or before . 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. 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 Pharmaceuticals, Inc., (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen (14) days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local Rules. iii. Expert Discovery Cut Off. All expert discovery in this case shall be initiated so that it will be completed on or before . (g) Discovery Matters and Disputes Relating to Protective Orders. i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. 4 ii. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that 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 submit a joint letter in substantially the following form: Dear Judge Williams: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet- and-confer (in person and/or by telephone) on the following date(s): __________________ Delaware Counsel: __________________ Lead Counsel: __________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally 5 not less than twenty-four (24) hours prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. iv. Each party shall submit two (2) courtesy copies of its discovery letter and any attachments. v. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. 4. Motions to Amend. (a) Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. 6 (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend. 5. Motions to Strike. (a) Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken. (b) Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike. 6. Technology Tutorials. Unless otherwise ordered by the Court, the parties jointly shall provide the Court, no later than the date on which the Joint Claim Construction Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly submit to the Court an electronic tutorial of not more than thirty (30) minutes. The tutorial should focus on the technology in issue and educate the Court about the same and should not be used for argument. As to 7 the format selected, the parties should confirm the Court’s technical abilities to access the information contained in the tutorial (“mpeg”, “quicktime”, etc.). The parties may choose to file their tutorial under seal, subject to any protective order in effect. 7. Claim Construction Issue Identification. On or before , 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). On or before _____, the parties shall respond to and provide their proposed construction for any term(s)/phrase(s) presented by the other side for which the party did not initially provide a construction. These documents 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 . The Joint Claim Construction Chart, in Word format shall be e-mailed simultaneously with filing to [email protected]. The parties' 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. A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim 8 Construction Chart. In this joint submission, the parties shall not provide argument. 8. Claim Construction Briefing. Plaintiff shall serve, but not file, its opening brief, 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 paste 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. Agreed-Upon Constructions II. Disputed Constructions [TERM 1] 1. 2. 3. 4. Plaintiff’s Opening Position Defendant’s Answering Position Plaintiff’s Reply Position Defendant’s Sur-Reply Position [TERM 2] 1. 2. 3. Plaintiff’s Opening Position Defendant’s Answering Position Plaintiff’s Reply Position 9 4. Defendant’s Sur-Reply Position If there are any materials that would be submitted in an index, the parties shall submit them in a Joint Appendix. 9. Hearing on Claim Construction. Beginning at ___ .m. on , the Court will hear argument on claim construction. The parties shall notify the Court, by joint letter submission, no later than the date on which their answering claim construction briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing. Provided that the parties comply with all portions of this Scheduling Order, and any other orders of the Court, the parties should anticipate that the Court will issue its claim construction order within sixty (60) days of the conclusion of the claim construction hearing. If the Court is unable to meet this goal, it will advise the parties no later than sixty (60) days after the conclusion of the claim construction hearing. 10. Interim Status Report. On , counsel shall submit a joint letter to the Court with an interim report of the matters in issue and the progress of discovery to date. Thereafter, if the Court deems it necessary, it will schedule a status conference. 10 11. Supplementation. Absent agreement among the parties, and approval of the Court, (a) no later than the patentee must finally supplement the identification of all accused products and serve final infringement contentions; and (b) no later than the accused infringers must finally supplement the identification of all invalidity references and serve final invalidity contentions. 12. Case Dispositive Motions. Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases. 13. Applications by Motion. Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk. Any non- dispositive motion should contain the statement required by Local Rule 7.1.1. 14. 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 SIDE shall be limited to three (3) 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 (3) pages of argument, may be opposed by a maximum of three 11 (3) pages of argument, and the side making the in limine request may add a maximum of one (l) 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 (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 15. Pretrial Conference. On , the Court will hold a pretrial conference in Court with counsel beginning at ___ .m. Unless otherwise ordered by the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The parties shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered. 12 16. 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 (10) days from the date the Court enters 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 party subject to this order who becomes subject to a motion to disclose another party’s information designated “confidential” [the parties should list any other level of designation, such as “highly confidential,” which may be provided for in the protective order] 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. 17. Papers Filed Under Seal. In accordance with section G of the Revised Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document. 13 18. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy copies of appendices and exhibits should include hard tabs. This provision also applies to papers filed under seal. 19. ADR Process. This matter may be referred to a magistrate judge to explore the possibility of alternative dispute resolution if the parties jointly request such a referral. 20. Trial. This matter is scheduled for a ______ day bench trial beginning at 9:30 a.m. on , with the subsequent trial days beginning at 9:30 a.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases. 21. Post-Trial Briefing. The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order. The Honorable Gregory B. Williams United States District Judge 14 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Trial Procedures ===

Jury Trial Schedule Judge Williams’ Trial Procedures (cid:133) Parties and counsel must arrive to the courtroom by 9:00 a.m. The jury will enter the courtroom at 9:30 a.m. There will be two fifteen-minute breaks, one in the morning and one in the afternoon, and a forty-five minute lunch break around 1:00 p.m. The jury will be excused each day at 5:30 p.m. Communications to Chambers (cid:133) Any and all trial correspondence should be via Delaware counsel through the GBW Civil mailbox ([email protected]). Juror Lunch & Snacks (cid:133) The parties shall pay for and coordinate ordering and delivering juror lunches and snacks during the trial. The parties are reminded to remove any self-identifying materials from the juror lunches and snacks to maintain anonymity. (cid:133) Delaware counsel shall email [email protected] each day to receive the juror lunch requests. Time Keeping (cid:133) The Courtroom Deputy shall keep track of the time. Each morning, Judge Williams will read on the record the amount of time each party has remaining. Approaching the Bench (cid:133) Parties are reminded to ask for permission before approaching the bench, and should be reminded that any witness binders shall be passed through a deputy or law clerk. Dispute Resolutions / Objections (cid:133) Delaware counsel, on behalf of the parties, shall notify the Court by email ([email protected]) by 6:00 a.m. of any objections to demonstratives, witnesses, deposition designations, or other evidence to be presented that trial day. The parties shall attach to the email digital copies of all relevant demonstratives, exhibits and deposition designations with the disputed passages highlighted. By 8:15 a.m., the parties shall provide the Court with two (2) courtesy copies of the objections and relevant exhibits and deposition designations. The parties shall leave the courtesy copies on the podium in the courtroom. (cid:133) The parties shall follow the below template when filing objections with the Court: 1 1. Plaintiff’s Opening Demonstratives Slide Number(s) Defendant’s Objection(s) Plaintiff’s Response(s) Slide [x] 2. Defendant’s Opening Demonstratives Slide Number(s) Plaintiff’s Objection(s) Defendant’s Response(s) Slide [x] 3. Exhibits to be used with [insert witness name] Exhibit(s) Exhibit [x] Objection(s) Response(s) (cid:133) Parties’ objections to demonstratives, exhibits, witnesses, and deposition designations shall be addressed from 9:00 a.m. to 9:30 a.m., after 5:30 p.m., or during the morning, lunch, or afternoon breaks. (cid:133) The parties are encouraged to bring issues to the Court’s attention in advance of testimony, when possible. Coordination of Exhibits on Joint Exhibit List (cid:133) When possible, the parties shall refer to exhibits from the joint exhibit list. (cid:133) The parties are instructed to de-duplicate the joint exhibit list and consistently paginate the joint exhibit list, i.e., JTX001, JTX002, etc. Witness Binders (cid:133) The parties shall provide the Court two (2) courtesy copies of any witness binders. Demonstratives (cid:133) The parties shall provide the Court two (2) courtesy copies of any demonstratives used at trial. Voir Dire (cid:133) Plaintiff(s) shall bring at least 52 pens to jury selection for the jury to use during voir dire. 2 Federal Judicial Center Introduction to the Patent System (cid:133) Plaintiff(s) shall have the Federal Judicial Center Introduction to the Patent System video ready to be played at the time the jury has been selected. Judge Williams will reference the video during the preliminary jury instructions. Plaintiff(s) shall be ready to play the video at the appropriate time. (cid:133) A deputy shall distribute the juror notebooks, if there are any, to the jury before the video is played. These notebooks shall be distributed prior to the start of the preliminary jury instructions. Charge Conference (cid:133) A charge conference will be held the second to last day of the jury trial to resolve any disputes regarding the final jury instructions and verdict sheet. At that time, the parties may formally object to the final jury instructions and verdict sheet. (cid:133) Prior to the charge conference, file and email chambers ([email protected]) revised versions of their proposed final jury instructions and verdict sheet. the parties shall Court Reporter (cid:133) At least three (3) business days before the start of the jury trial, the parties shall email the court reporter and chambers a glossary of terms and names, a list of possible witnesses who may appear at trial, and a list of phonetic pronunciation of attorneys’ and witnesses’ names. Exhibits for the Jury (cid:133) The parties are reminded to have hard copies of all paper exhibits ready for the jury by the time the jury deliberates. (cid:133) If there are electronic exhibits, the parties must notify the Court (or deputy) prior to the start of closings. 3