Sample Joint Claim Chart; Sample Voir Dire; Patent Scheduling Order - ANDA (Revised 4/5/2021); Patent Scheduling Order - Non-ANDA (Revised 4/5/2021); Scheduling Order - Non-Patent Bench Trial (Revised 4/5/2021); Scheduling Order - Non-Patent Jury Trial (Revised 4/5/2021); Standing Order Regarding Ja

=== Sample Joint Claim Chart ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (MN) JOINT CLAIM CONSTRUCTION CHART [Introductory language to be filled in by the parties]. The parties have agreed to the following construction(s) [or whatever agreed-upon language the parties deem appropriate]: Claim Term Joint Proposed Construction “agreed-upon term” “agreed-upon construction” (’XXX Patent, claims 1, 2 & 8; ’YYY Patent, claim 7) [i.e., list asserted claim(s) by patent in which the term appears] The parties dispute the construction(s) of the following term(s) [or whatever agreed-upon language the parties deem appropriate]: No. Claim Term Plaintiff’s Proposed Construction Plaintiff’s Intrinsic Evidence Defendant’s Proposed Construction Defendant’s Intrinsic Evidence “disputed term 1” (’XXX Patent, claims 1, 2 & 8; ’YYY Patent, claim 7) 1. [i.e., list asserted claim(s) by patent in which the term appears] “disputed term 2” (’XXX Patent, claims 1, 2 & 8; ’YYY Patent, claim 7) 2. [i.e., list asserted claim(s) by patent in which the term appears] “disputed term 3” (’XXX Patent, claims 1, 2 & 8; ’YYY Patent, claim 7) 3. [i.e., list asserted claim(s) by patent in which the term appears] 2

=== Sample Voir Dire ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, v. JOHN DOE, Plaintiff, Defendant. Criminal Action No. XX-XX (MN) VOIR DIRE Good morning, ladies and gentlemen. My name is Maryellen Noreika and I am the judge presiding over the criminal case, United States of America v. ______, for which we are about to select a jury. 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 in the jury panel to answer any questions truthfully. (To Deputy, Please swear the panel). You have a copy of the voir dire questions I am going to ask. If any of you answer “yes” to any of the questions, please make a note next to it. At the end of the questions, we will take all of you into a different courtroom and then bring those of you who answered yes back in here 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 trial days will be that we will start around 9:00 a.m. and finish by 4:30 p.m., with a fifteen minute morning break, a 45 minutes to an hour lunch break and another fifteen minute break in the afternoon. 1. Does the schedule that I have just mentioned present a special problem to any of you? 1 2. This is a criminal case involving [description of the case]. The jury in this case will be asked to decide whether the defendant is guilty beyond a reasonable doubt of the charges against him. Have any of you heard or read anything about this case? 3. Is there anything about the nature of the charges that would prevent you from being a fair and impartial juror? 4. The lawyers involved in this case are ____. Do any of you or your immediate families, such as spouse, child, parent, or sibling, know any of the attorneys I have just named? 5. Have any of you or your immediate families had any business dealings with, or been employed by, any of these attorneys or their offices? 6. The potential witnesses in this care are____. Are you familiar with any of these potential witnesses? 7. The law enforcement agencies involved in this case are ____. Would the fact that those agencies investigated this case interfere with your ability to be fair and impartial? 8. Have you, any member of your immediate families, or any of your close friends ever been employed by, or investigated by, any law enforcement agency, including ____. 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. Do you believe that you will give more or less weight to a party or witness, simply because of their race, color, religion, national ancestry, or gender? 10. Have you, any member of your immediate families, or any close friend 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? 2 11. 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? 12. In order to reach a verdict, jurors must reach the same conclusion. During deliberations over the verdict, will you have difficulty expressing your own opinions and thoughts about the case? Or do you think you will have difficulty in respecting the views of your fellow jurors even if they are different from your own? 13. If you are selected as a juror in this case, you will take an oath to render a verdict based upon the law as given to you by the court. You will be required to accept the law as given to you by the court without regard to any personal opinion you may have as to what the law is or should be. Would you have a problem or be unable to reach a verdict in accordance with the law as given to you in the instructions of the court? 14. 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 solely on the evidence presented at trial? 15. 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? 16. A fundamental principle of our legal system is that when a person is charged with a crime, he/she 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? 17. The defendant may choose not to testify in his own defense, and I instruct you that the choice not to testify, if that is [defendant’s] choice, may not be held against him. If you are selected as a juror in this case, will you have difficulty following this instruction? 3 18. 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? 19. Have you served on a jury in a criminal case before? 20. Have you served on a grand jury before? 21. 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? 22. This is the last question. Is there anything else, including something that 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? 4

=== Patent Scheduling Order - ANDA (Revised 4/5/2021) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (MN) 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 [DATE]. 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 7(g) and 8. 3. 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 7(g) below. 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. 4. 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. 5. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and 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. All courtesy copies shall be double-sided. 6. ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. 2 7. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules 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 [DATE]. (b) Document Production. Document production shall be substantially complete by [DATE]. (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 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 3 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 [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. 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. Expert Report Supplementation. The parties agree they [will] [will not] permit expert declarations to be filed in connection with motions briefing (including case- dispositive motions). iii. 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 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. iv. Expert Discovery Cut Off. All expert discovery in this case shall be initiated so that it will be completed on or before [DATE]. 4 (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 a reasonable effort pursuant to Local Rule 7.1.1. 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 contact the Court’s Judicial Administrator to schedule an argument. iii. On a date to be set by separate order, generally not less than four (4) days 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 three (3) days 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. The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. 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. 5 8. Motions to Amend / Motions to Strike. (a) Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above. (b) Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken. 9. Technology Tutorials. Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed. 10. Claim Construction Issue Identification. On [DATE], 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). 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 submitted two weeks prior to service of the opening claim construction brief. 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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing. 6 11. Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE]. No later than [DATE], 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. If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms) as to why the brief is longer than 80 pages. JOINT CLAIM CONSTRUCTION BRIEF I. II. Agreed-Upon Constructions 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 7 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 index, the parties shall submit them in a Joint Appendix. 12. Hearing on Claim Construction. Beginning at __________ on [DATE], the Court will hear argument on claim construction. The parties need not include any general summaries of the law relating to claim construction in their presentations to the Court. The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed: (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. 13. Supplementation. Absent agreement among the parties, and approval of the Court, no later than [DATE] the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references. 14. 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. 15. 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. 8 16. 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. 17. Pretrial Conference. On [DATE], the Court will hold a pretrial conference in Court with counsel beginning at ______________. 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) double-sided 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. 9 18. Trial. This matter is scheduled for a ______ day bench trial beginning at 9:30 a.m. on [DATE], with the subsequent trial days beginning at 9:00 a.m. The trial will be timed, as counsel will be allocated a total number of hours in which to present their respective cases.. 19. Post-Trial Briefing. The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order. The Honorable Maryellen Noreika United States District Judge 10 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Patent Scheduling Order - Non-ANDA (Revised 4/5/2021) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [PLAINTIFF], v. [DEFENDANT], Plaintiff, Defendant. C.A. No. 00-0000 (MN) [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 [DATE]. 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 8(g) and 9. 3. 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 8(g) below. 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. 4. 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. 5. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and 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. All courtesy copies shall be double-sided. 6. ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. 7. Disclosures. Absent agreement among the parties, and approval of the Court: 2 (a) By [DATE], 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 [DATE], 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 [DATE], Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes. (d) By [DATE], Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references. (e) By [DATE], Plaintiff shall provide final infringement contentions. (f) By [DATE], Defendant shall provide final invalidity contentions. 8. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules 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 [DATE]. (b) Document Production. Document production shall be substantially complete by [DATE]. (c) Requests for Admission. A maximum of ___ requests for admission are permitted for each side. 3 (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 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 [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. No other 4 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. Expert Report Supplementation. The parties agree they [will] [will not] permit expert declarations to be filed in connection with motions briefing (including case- dispositive motions). iii. 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. iv. Expert Discovery Cut-Off. All expert discovery in this case shall be initiated so that it will be completed on or before [DATE]. (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 a reasonable effort pursuant to Local Rule 7.1.1 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 contact the Court’s Judicial Administrator to schedule an argument. iii. On a date to be set by separate order, generally not less than four (4) days prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed 5 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 three (3) days 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. The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. 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. 9. Motions to Amend / Motions to Strike. (a) Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above. (b) Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken. 10. Technology Tutorials. Although technology tutorials are not required by the Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or before the date that the Joint Claim Construction Brief is filed. 11. Claim Construction Issue Identification. On [DATE], 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). This document will not be filed with the Court. Subsequent 6 to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief. 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. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing. 12. Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on [DATE]. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on [DATE]. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on [DATE]. No later than [DATE], 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. If the joint brief as submitted is more than 80 pages, the parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-upon terms) as to why the brief is longer than 80 pages. 7 JOINT CLAIM CONSTRUCTION BRIEF I. II. Agreed-Upon Constructions 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 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 index, the parties shall submit them in a Joint Appendix. 13. Hearing on Claim Construction. Beginning at _________ on [DATE], the Court will hear argument on claim construction. The parties need not include any general summaries of the law relating to claim construction in their presentations to the Court. The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed: (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 8 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. 14. Supplementation. Absent agreement among the parties, and approval of the Court, no later than [DATE] the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references. 15. 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 [DATE] [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 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 9 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, 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 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. 10 16. 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. 17. 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. 18. Pretrial Conference. On [DATE], the Court will hold a pretrial conference in Court with counsel beginning at __________. 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. 11 The parties shall provide the Court two (2) double-sided 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. 19. 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]. 20. Trial. This matter is scheduled for a ___ day jury trial beginning at 9:30 a.m. on [DATE], with the subsequent trial days beginning at 9:00 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 respective cases. 21. 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. 22. 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. The Honorable Maryellen Noreika United States District Judge 12 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Scheduling Order - Non-Patent Bench Trial (Revised 4/5/2021) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [INSERT PLAINTIFF NAME], Plaintiff, v. [INSERT DEFENDANT NAME], Defendant. C.A. No. 00-0000 (MN) 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 [DATE]. 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 7(g) and 8. 3. 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 7(g) below. 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. 4. 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. 5. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and 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. All courtesy copies shall be double-sided. 6. ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. 2 7. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules 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 [DATE]. (b) Document Production. Document production shall be substantially complete by [DATE]. (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 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 3 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 [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. 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 [DATE]. (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 a reasonable effort pursuant to Local Rule 7.1.1 that they are unable to resolve a discovery matter or a dispute relating to a protective 4 order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Judicial Administrator to schedule an argument. iii. On a date to be set by separate order, generally not less than four (4) days 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 three (3) days 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. The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. 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. 8. Motions to Amend / Motions to Strike. (a) Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above. (b) Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken. 5 9. 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. 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. 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 [DATE], the Court will hold a pretrial conference in Court with counsel beginning at _____________. 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 6 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) double-sided 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. Trial. This matter is scheduled for a ______ day bench trial beginning at 9:30 a.m. on [DATE], with the subsequent trial days beginning at 9:00 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 Maryellen Noreika United States District Judge 7 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Scheduling Order - Non-Patent Jury Trial (Revised 4/5/2021) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE [INSERT PLAINTIFF NAME], Plaintiff, v. [INSERT DEFENDANT NAME], Defendant. C.A. No. 00-0000 (MN) 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 [DATE]. 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 7(g) and 8. 3. 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 7(g) below. 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. 4. 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. 5. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and 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. All courtesy copies shall be double-sided. 6. ADR Process. This matter is referred to a magistrate judge to explore the possibility of alternative dispute resolution. 2 7. Discovery. Unless otherwise ordered by the Court or agreed to by parties, the limitations on discovery set forth in the Federal Rules 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 [DATE]. (b) Document Production. Document production shall be substantially complete by [DATE]. (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 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 3 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 [DATE]. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before [DATE]. Reply expert reports from the party with the initial burden of proof are due on or before [DATE]. 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. iii. Expert Discovery Cut Off. All expert discovery in this case shall be initiated so that it will be completed on or before [DATE]. (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 a reasonable effort pursuant to Local Rule 7.1.1 that they are unable to resolve a discovery matter or a dispute relating to a protective 4 order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Judicial Administrator to schedule an argument. iii. On a date to be set by separate order, generally not less than four (4) days 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 three (3) days 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. The parties shall provide to the Court two (2) courtesy copies of its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be double-sided. 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. 8. Motions to Amend / Motions to Strike. (a) Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above. (b) Any such motion shall attach the proposed amended pleading as well as a “redline” comparison to the prior pleading or attach the document to be stricken. 5 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 [DATE] [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 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. 6 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. 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. 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 [DATE], the Court will hold a pretrial conference in Court with counsel beginning at _____________. 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 7 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) double-sided 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 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]. 14. Trial. This matter is scheduled for a ______ day jury trial beginning at 9:30 a.m. on [DATE], with the subsequent trial days beginning at 9:00 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 respective cases. _________________________________________ The Honorable Maryellen Noreika United States District Judge 8 Counsel Shall Provide a Chart of All Relevant Deadlines EVENT DEADLINE

=== Standing Order Regarding January 2019 Scheduling Orders ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER REGARDING NEW SCHEDULING ORDER PROVISIONS IMPLEMENTED IN JANUARY 2019 STANDING ORDER WHEREAS, in January 2019, Judge Noreika's form scheduling orders have been updated to include new provisions regarding courtesy copies and summary judgment; and WHEREAS, these provisions shall be adopted in all civil matters in which the parties are represented by counsel, including those in which Scheduling Orders are already in place. THEREFORE, IT IS HEREBY ORDERED this 9th day of January 2019, that: 1. The new provisions relating to courtesy copies shall apply in ALL CIVIL CASES in which the parties are represented by counsel, regardless of when the case was filed, and specifically including cases in which the Court has already entered a Scheduling Order; and 2. The new provisions relating to summary judgment shall apply in ALL CIVIL CASES in which the parties are represented by counsel, regardless of when the case was filed, and specifically including cases in which the Court has already entered a Scheduling Order, except those cases in which summary judgment briefing is complete or currently underway. le Maryellen Noreika United States District Judge

=== Standing Order Regarding Responses and Replies to Motions in Criminal Cases (revised 5/22/2025) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER REGARDING RESPONSES AND REPLIES TO MOTIONS IN CRIMINAL CASES BEFORE JUDGE MARYELLEN NOREIKA STANDING ORDER WHEREAS, the practice at arraignment, and at other times, is to set deadlines for Defendants to file pre-trial motions; WHEREAS, there are no applicable local criminal rules as to the timing or the obligation of the parties to respond and reply to such motions; WHEREAS, the undersigned believes that this Court would benefit from having response and reply deadlines as a matter of course and pursuant to a presumptive rule of scheduling; NOW, THEREFORE, this 22nd day of May 2025, IT IS HEREBY ORDERED: 1. Whenever a pre-trial or post-trial motion is filed and there is no case-specific Court Order establishing a timetable for a response, the opposing party shall file a response no later than twenty-one (21) calendar days from the date that the motion was filed. A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed; 2. For good cause shown, the United States or the Defendant 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 and include the reasons for that position of the United States, if appropriate. _______________________________ UNITED STATES DISTRICT JUDGE 1 While a reply to a motion is not mandatory, this Court encourages them and finds them helpful.

=== Standing Order Regarding Joint Claim Charts ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER REGARDING CERTAIN CLAIM CONSTRUCTION PROCEDURES IN PATENT CASES BEFORE JUDGE NOREIKA STANDING ORDER WHEREAS, in patent cases before the undersigned judge, the parties are required to file a joint claim construction chart that includes a copy of the patent(s) at issue as well as portions of the intrinsic evidence relied upon by the parties; WHEREAS, in those cases, the parties also often file a joint appendix with the joint claim construction brief to include additional evidence cited in the parties’ briefing; and WHEREAS, the undersigned believes that certain efficiencies can be achieved by modifying the procedures relating to joint claim construction charts submitted by the parties. THEREFORE, IT IS HEREBY ORDERED this 30th day of October 2019 that: 1. Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties’ briefing; and 2. All joint claim construction charts shall be in substantially the same form as the sample joint claim construction chart posted on Judge Noreika’s website, available at https://www.ded.uscourts.gov/sites/ded/files/chambers/Sample%20Joint%20Claim%20Chart.pdf. IT IS FURTHER ORDERED that these new procedures relating to joint claim construction charts shall apply in ALL PATENT CASES regardless of when the case was filed, and specifically including cases where the Court has already entered a Scheduling Order, except those cases in which the parties’ joint claim construction brief has already been filed. The Honorable Maryellen Noreika United States District Judge 2

=== Standing Order Regarding Pretrial Order form and Time to File Jury Instructions, Voir Dire, and Verdict Sheets ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER REGARDING NEW SCHEDULING ORDER PROVISIONS IMPLEMENTED IN APRIL 2021 STANDING ORDER At Wilmington, this 22nd day of October 2021: WHEREAS, in April 2021, Judge Noreika’s form scheduling orders were updated to include, inter alia, new provisions regarding Pretrial Orders and the time by which the proposed voir dire, preliminary jury instructions, final jury instructions, and special verdict forms must be filed; and WHEREAS, these provisions were intended to be adopted in all civil matters, including those where a Scheduling Order is already in place, but there has been confusion as to whether these new procedures govern such already pending matters. THEREFORE, IT IS HEREBY ORDERED that: 1. All Pretrial Orders must contain a table of contents and the paragraphs set forth in the body of the Pretrial Order must be numbered; 2. The proposed voir dire, preliminary jury instructions, final jury instructions, and special verdict forms must be filed seven (7) days1 before the Pretrial Conference; and 1 The updated form Scheduling Orders changed the deadline from three (3) full business days to seven (7) full business days before the pretrial conference. To be clear, this Standing Order supersedes that change and the requisite pretrial papers are now due seven days (i.e., not business days) before the Pretrial Conference. 3. This Standing Order and the procedures set forth herein shall apply to all civil matters before the undersigned Judge, including any pending civil matters where a Scheduling Order has already been entered (so long as the Proposed Pretrial Order has not been filed). The Honorable Maryellen Noreika United States District Judge 2

=== In Re: Standing Order Regarding Courtesy Copies of Sealed Filings in CIVIL Matters ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: STANDING ORDER REGARDING COURTESY COPIES OF SEALED FILINGS IN CIVIL MATTERS STANDING ORDER At Wilmington, this 25th day of July 2022; WHEREAS, it has been the long standing practice of the District Court to require that courtesy copies of sealed civil filings be delivered to Court in sealed envelopes with a cover page affixed to the front and a certificate of service and the notice of electronic filing affixed to the back; WHEREAS, as sealed civil filings are now made electronically, no originals are maintained in the Clerk’s office, and the only physical hard copies of sealed civil documents are kept in Chambers; and WHEREAS, providing copies in such a manner takes valuable staff time both in law firms and in Chambers and creates significant waste as once the copies are received in Chambers, staff immediately opens the envelopes and disposes of them; THEREFORE, IT IS HEREBY ORDERED that, for this Chambers, effective immediately it is no longer required that courtesy copies of sealed civil filings be placed in sealed envelopes. Sealed courtesy copies may, however, be placed in sealed envelopes at the discretion of counsel. The Honorable Maryellen Noreika United States District Judge

=== Preferences and Procedures Civil Cases (Revised 9/9/2019) ===

P R E F E R E N C E S & P R O C E D U R E S F O R C I V I L C A S E S T H E H O N O R A B L E M A R Y E L L E N N O R E I K A ( S E P T E M B E R 2 0 1 9 ) Opportunities for Newer Attorneys: The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice. Page Limits (Double Spaced Submissions Only): Where page limits are 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. Telephone Calls to Chambers: Local counsel shall be involved on all calls to Chambers. Citations: All citations (including to cases and to record cites) shall be in the body of the text and not in footnotes or endnotes. Font: All pleadings, motions, briefs, claim construction charts, proposed orders, and letters to the Court shall be in Times New Roman font of at least 12-point size. Footnotes in such submissions must also appear Times New Roman font of at least 12-point size. Local Rule 7.1.1 Statements: In instances where a motion is filed seeking relief that is both dispositive and non- dispositive (e.g., a Motion to Dismiss or, in the Alternative, to Transfer), a Local Rule 7.1.1 Statement shall be provided for the non-dispositive portion(s) of said motion. All Local Rule 7.1.1 Statements shall clearly state whether the opposing party consents to the motion or has indicated that it will be opposing the motion. Amended Pleadings: A redlined version of any amended pleading shall be provided to the Court regardless of whether the amendment is by matter of course, stipulation, or motion. If by matter of course, counsel shall email a PDF version of the amended pleading to the Court’s judicial administrator, Diana Welham, at [email protected]. Otherwise, the redlined version shall be attached to the stipulation or motion. Jury Trials: There shall be eight jurors. The Court will conduct jury selection through the “struck juror” method, beginning with the Court reading voir dire to the jury panel in the courtroom, continuing by meeting with jurors individually in Chambers or at sidebar and there addressing any challenges for cause, and concluding with peremptory strikes. Jury trial days generally run from 9:00 a.m. to 4:30 p.m. with two 15-minute breaks (morning and afternoon) and a lunch break. Bench Trial Days: Bench trial days will be determined on a case-by-case basis. Timed Proceedings: Civil trials (both jury and bench) are timed. Counsel must complete their case, including opening statements, examination of witnesses, and closing arguments, in the allotted time. If evidentiary disputes must be resolved by the Court, the time the parties take to present the dispute will be charged against them. If the Court determines that the dispute was frivolous or brought in bad faith, the Court may charge the losing party with all the time dedicated to resolving the issue. Exhibit Lists and Use of Exhibits: The pretrial order contains the maximum universe of exhibits to be used by any party (other than solely for impeachment) as well as all objections to the admission of such exhibits. Exhibits not listed will not be admitted unless good cause is shown. No exhibit will be admitted unless offered into evidence through a witness, who must at least be shown the exhibit. Exhibits may not be published, displayed, or otherwise shown to the jury until after they have been admitted into evidence. Once admitted, counsel may publish exhibits to the jury without requesting to do so. Exhibits not objected to will be received into evidence by the operation of the Final Pretrial Order without the need for additional foundation testimony, provided they are shown to a witness. 2 Demonstrative exhibits may be admitted only by agreement of the parties. On the first day of trial, each party shall provide a completed AO Form 187 exhibit list to the Courtroom Deputy. All exhibits shall be pre-marked and include the prefix PTX, DTX or JTX, the exhibit number (all PTX, DTX, and JTX should start at exhibit 1) as well as the Civil Action Number. To the extent practicable, the parties shall identify duplicate exhibits and decide on an appropriate form of identification. In a jury trial, the “original” exhibits are given to the Courtroom Deputy once they have been admitted. In a bench trial, the “original” exhibits are maintained by the parties. The Court will not accept copies of trial exhibits in advance of trial. For any notebooks given to a witness, the Court requests the following copies to be provided: 1. 2. 3. 4. Witness Judge Law Clerk Court Reporter Evidentiary / Demonstrative Disputes: Counsel are expected to bring potential disputes to the Court’s attention prior to the witness taking the stand, the exhibit being offered, and / or the demonstrative being used. These disputes should be brought to the Court prior to or at the end of a trial day. Failure to conform to this procedure may result in having the objection denied without hearing. Testimony by Deposition: The pretrial order contains the maximum universe of deposition designations, counter- designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown. Counsel shall confer prior to trial to determine what testimony will be offered by deposition. If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) A copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no more than one sentence per objection) of the basis for the objection and the offering party’s response to it. Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of the deposition testimony or waiver of objection to the use of the deposition testimony. All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial. 3 When the witness is called to testify by deposition at trial, the party calling the witness shall provide the Court with two copies of the transcript of the designations and counter- designations that will be read or played. An additional copy shall be provided to the court reporter. The parties will be charged for all time that elapses from the time the witness is called until the next witness is called, according to the proportions to be provided by the parties. Mode and Order of Presentation: Examination of witnesses shall be limited to direct, cross and redirect. Expert Testimony: In the pretrial order, the parties shall provide their position(s) as to whether the Court should rule at trial on objections to expert testimony as outside the scope of prior expert disclosures, taking time from the parties’ trial presentation to argue and decide such objections; or whether the Court should instead defer ruling on all such objections unless renewed in writing following trial, subject to the proviso that a party prevailing on such a post-trial objection will be entitled to have all of its costs associated with a new trial paid for by the party that elicited the improper expert testimony at the earlier trial. Post-Trial Briefing Following a Jury Trial: Briefing shall conform to D. Del. LR 7.1.3, unless otherwise ordered. Post-Trial Briefing Following a Bench Trial: If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule, including page limits, in the proposed pretrial order. Along with the initial brief, each party shall provide proposed Findings of Fact, separately stated in numbered paragraphs, constituting a detailed listing of the relevant material facts the party believes it has proven, in a simple narrative form, along with citations to the record. The parties shall propose page limits for the proposed Findings of Fact in the pretrial order.     Only admitted trial exhibits may be relied upon in post-trial briefing. No appendices shall be submitted with post-trial briefs. Trial exhibits shall be referred to by exhibit number (PTX-, DTX- or JTX-) Any admitted trial exhibit that is not specifically addressed in the post-trial submissions shall be deemed stricken from the record. 4 Submission of Trial Exhibits After Trial: In patent cases, the Court would like to receive hyperlinked versions of the parties’ post- trial papers within a week of the filing of the last post-trial brief. When hyperlinked versions of the briefs are submitted, the Court does not require hard copies of the trial exhibits. In all cases where hyperlinked versions of the briefs are not submitted, the Court requires that the trial exhibits be submitted, within a week of the filing of the last post-trial brief, in the following format:     Double-sided; Stapled or bound; Each exhibit in its own file folder clearly labeled; and Electronically on a flash/thumb drive clearly labeled with each exhibit saved separately and clearly identified by Exhibit Number only 5