Standing Order for ADR Mediation - Revised 1/22/16; Discovery Matters - Motion to Resolve Discovery Dispute - Revised 10/10/19; Discovery Matters – Procedures – Revised 7/24/2023; Form Letter Regarding Mediation Referral Request; Order Governing Mediation Conferences - Statements; Order Governing Pa

=== Standing Order for ADR Mediation - Revised 1/22/16 ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN THE MATTER OF: ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/ MEDIATION STANDING ORDER At Wilmington this 20th day of January, 2016. IT IS HEREBY ORDERED that for all matters referred to a Magistrate Judge for Alternative Dispute Resolution ("ADR"), including mediation , as follows : The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited , except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public. IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to bee-filed or docketed. M Christopher J. Burke, U.S. Magistrate Judge

=== Discovery Matters - Motion to Resolve Discovery Dispute - Revised 10/10/19 ===

Updated 10/10/2019 [JOINT] MOTION FOR TELECONFERENCE TO RESOLVE [PROTECTIVE ORDER or DISCOVERY] DISPUTE [Name or Names of parties] respectfully move this Court to schedule a teleconference to address outstanding disputes regarding the following [discovery / protective order] matters: • [LIST ISSUES TO BE RESOLVED] 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): [LIST DATE(S)]. Delaware Counsel: [LIST COUNSEL] Lead Counsel: [LIST COUNSEL] The parties are available for a teleconference on the following dates: [LIST THREE DATES].

=== Discovery Matters – Procedures – Revised 7/24/2023 ===

Updated: 7/24/2022 GUIDELINES FOR DISCOVERY MATTERS Should counsel find they are unable to resolve a discovery matter or a matter regarding a protective order,1 the parties shall file a “[Joint] Motion for Conference To Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found on the court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The following procedures shall apply: 1. Discovery dispute letter submissions shall not exceed four (4) pages, and all printed matter, including footnotes, must appear in at least 12-point font. 2. The moving party should attach a proposed order to its letter brief as an exhibit. In the proposed order, the moving party should clearly set out the nature of the requested relief as to each dispute, including the date by which the requested relief is to be completed. 3. Exhibits to discovery dispute letter submissions are limited to a total of no more than 200 pages, absent leave of court. The parties shall make reasonable efforts to attach only those pages relevant to the discovery dispute as exhibits. Each exhibit shall be filed as a separate, individual attachment within the docket entry for the associated letter submission. The court may strike submissions which exceed the limitation on exhibits, and the hearing may be canceled in that event. 1 Counsel are expected to first verbally discuss the issues/concerns before seeking the court’s intervention. 4. If the discovery dispute relates to certain discovery requests (e.g., interrogatories or requests for production of documents), then the moving party should attach those discovery requests and any relevant responses as exhibits to its letter brief. The responding party should include as exhibits to its letter brief any discovery requests and/or responses that it believes are relevant and that the moving party did not already submit. 5. Motions for sanctions under Fed. R. Civ. P. 37 pertaining to discovery shall be brought in accordance with the Court’s discovery dispute procedures. 6. Courtesy copies of discovery dispute letter submissions are to be hand delivered to the Clerk’s Office within one hour of e-filing. Should the court find further briefing necessary upon conclusion of the conference, the court will order it.

=== Form Letter Regarding Mediation Referral Request ===

[DATE] The Honorable Sherry R. Fallon United States Magistrate Judge United States District Court Boggs Federal Building 844 North King Street, Unit 14 Wilmington, Delaware 19801 RE: [Case Name and Number] Dear Judge Fallon: This joint letter confirms that the parties [agree or do not agree] to Your Honor serving as the mediating judge in this case. Therefore, the parties [request or do not request] that mediation be referred to another United States Magistrate Judge in this Court. [Signature]

=== Order Governing Mediation Conferences - Statements ===

ORDER GOVERNING MEDIATION CONFERENCES AND MEDIATION STATEMENTS THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH SHOULD BE READ BY COUNSEL PRIOR TO PREPARATION OF A MEDIATION STATEMENT. At Wilmington this day of , 2012. IT IS ORDERED that: MEDIATION CONFERENCE 1. A mediation conference is scheduled for , 2012 beginning at .m. All required participants (see ¶ 2) are to report at this time to Courtroom ___ and are to remain available until excused by the Court. REQUIRED PARTICIPANTS 2. Each party must be represented at the mediation conference by the following required participants: (a) trial counsel; (b) counsel who is/are familiar with the case; and (c) the party/parties and/or decisionmaker(s) of the parties, who must have full authority to act on behalf of the parties, including the authority to negotiate a resolution of the matter and to respond to developments during the mediation process. Full authority means that those participants on behalf of a party should be able to make independent decisions and have a knowledge or understanding of the dispute and/or the business objectives/operations of their company to generate and consider solutions and/or to be able to address the negotiation dynamics in mediation. It is not just settlement authority, that is, to make an offer or to accept an amount. In-person attendance at the mediation conference by the required participants described above is required unless otherwise authorized by the Court. Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference. CONTACT INFORMATION FOR REQUIRED PARTICIPANTS 3. (a) No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall provide to the court in a writing separate from the mediation statement, for each attorney who will be attending the mediation conference: (i) a direct dial telephone work number, (ii) a cell or home telephone number, and (iii) an electronic mail address where the attorney can be regularly reached. Unrepresented parties shall provide at least one of these three forms of contact information. (b) No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties. CONFIDENTIAL MEDIATION STATEMENTS 4. On or before , 2012, AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked “CONFIDENTIAL MEDIATION STATEMENT.” The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed because they are not part of the Court record. 5. The mediation statements may be in memorandum or letter form. They must be 2 double-spaced, in no less than a 12-point font, and be no longer than fifteen (15) pages. 6. The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) “The Parties”: provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) “Factual Background”: provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) “Summary of Applicable Law”: provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) “Honest Discussion of Strengths and Weaknesses”: provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) “Settlement Efforts”: provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) “Settlement Proposal”: describe the party's proposed term(s) for a resolution. Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. 3 g) “Fees and Costs”: list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled. In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court. 7. Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Counsel are cautioned to limit such exhibits. CONFIDENTIALITY 8. The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions. EX PARTE CONTACTS 9. Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties. REQUEST TO BRING ELECTRONIC EQUIPMENT 10. Any possession by an attorney of an electronic device shall be permitted in accordance with this Court's Standing Order regarding possession by attorneys of cell phones, other 4 PDA devices, and laptop computers, dated November 17, 2011. Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above). Any such request shall include the name(s) of the individuals, a list of the equipment requested to be authorized, and a representation that counsel believes the presence of the requested equipment will be of assistance in the mediation process and that the request is not being made just for convenience. OBLIGATION OF GOOD FAITH PARTICIPATION 11. The required participants shall be available and accessible throughout the mediation process. The Court expects the parties' full and good faith cooperation with the mediation process. In particular, the Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all participants to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. AVOIDANCE OF SANCTIONS 12. All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order. /s/ UNITED STATES MAGISTRATE JUDGE 5

=== Order Governing Patent Mediation Conferences - Statements ===

ORDER GOVERNING PATENT MEDIATION CONFERENCES AND MEDIATION STATEMENTS THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH SHOULD BE READ BY COUNSEL PRIOR TO PREPARATION OF A MEDIATION STATEMENT. At Wilmington this day of , 2012. IT IS ORDERED that: MEDIATION CONFERENCE 1. A mediation conference is scheduled for , 2012 beginning at .m. All required participants (see ¶ 2) are to report at this time to Courtroom ___ and to remain available until excused by the Court. Dress for the mediation is business casual. REQUIRED PARTICIPANTS 2. Each party must be represented at the mediation conference by the following required participants: (a) trial counsel; (b) counsel who is/are familiar with the case; and (c) the party/parties and/or decisionmaker(s) of the parties, who must have full authority to act on behalf of the parties, including the authority to negotiate a resolution of the matter and to respond to developments during the mediation process. Full authority means that those participants on behalf of a party should be able to make independent decisions and have a knowledge or understanding of the dispute and/or the business objectives/operations of their company to generate and consider solutions and/or to be able to address the negotiation dynamics in mediation. It is not just settlement authority, that is, to make an offer or to accept an amount. In-person attendance at the mediation conference by the participants described above is required unless otherwise authorized by the Court. Any request to modify this requirement shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than fourteen (14) days before the mediation conference. CONTACT INFORMATION FOR REQUIRED PARTICIPANTS 3. (a) No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall provide to the court in a writing separate from the mediation statement, for each attorney who will be attending the mediation conference: (i) a direct dial telephone work number, (ii) a cell or home telephone number, and (iii) an electronic mail address where the attorney can be regularly reached. Unrepresented parties shall provide at least one of these three forms of contact information. EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION (b) No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties. CONFIDENTIAL MEDIATION STATEMENTS 4. On or before , 2012, AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers without permission, but shall be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge Sherry R. Fallon and marked “CONFIDENTIAL MEDIATION STATEMENT.” The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed since 2 they are not part of the Court record. 5. The mediation statements may be in memorandum or letter form. They must be double-spaced, in no less than a 12-point font, and be no longer than twenty (20) pages. 6. The mediation statements must contain each of the following headings and must contain a discussion of each of the topics described below: a) “The Parties”: provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference. b) “Factual Background”: provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute. c) “Summary of Applicable Law”: provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits (see ¶ 7). d) “Honest Discussion of Strengths and Weaknesses”: provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses. e) “Settlement Efforts”: provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached. f) “Settlement Proposal”: describe the party's proposed term(s) for a resolution. Further, identify any interests or issues not directly involved in this matter that may frustrate or 3 further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described. g) “Fees and Costs”: list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled. In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court. 7. Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Counsel are cautioned to limit such exhibits. CONFIDENTIALITY 8. The contents of the mediation statements and the mediation conference discussions, including any resolution or settlement, shall remain confidential, shall not be used in the present litigation nor any other litigation (whether presently pending or filed in the future), and shall not be construed as nor constitute an admission. Breach of this provision shall subject the violator to sanctions. EX PARTE CONTACTS 9. Before, during, and after the scheduled mediation conference, the Court may find it necessary and useful to communicate with one or more parties outside the presence of the other party or parties. REQUEST TO BRING ELECTRONIC EQUIPMENT 4 10. Any possession by an attorney of an electronic device shall be permitted in accordance with this Court's Standing Order regarding possession by attorneys of cell phones, other PDA devices, and laptop computers, dated November 17, 2011. Any request that representatives of a party be permitted to bring electronic equipment to the mediation conference shall be made in writing by counsel and shall be submitted in a separate letter no later than the date on which mediation statements are due (see ¶ 4 above). Any such request shall include the name(s) of the individuals, a list of the equipment requested to be authorized, and a representation that counsel believes the presence of the requested equipment will be of assistance in the mediation process and that the request is not being made just for convenience. OBLIGATION OF GOOD FAITH PARTICIPATION 11. The required participants shall be available and accessible throughout the mediation process. The Court expects the parties' full and good faith cooperation with the mediation process. In particular, the Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all participants to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. AVOIDANCE OF SANCTIONS 12. All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order. /s/ UNITED STATES MAGISTRATE JUDGE 5

=== Proposed Final Pretrial Order - Revised 10/13 ===

[Note: Throughout, material in brackets is provided as guidance to counsel as to the Court’s practices and/or the matter that needs to be addressed in the Proposed Final Pretrial Order.] PROPOSED FINAL PRETRIAL ORDER This matter comes before the Court at a final pretrial conference held pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.3. Plaintiff(s) Counsel: [List name, address, telephone number, and e-mail address(es)] Defendant(s) Counsel: [List name, address, telephone number, and e-mail address(es)] I. Nature of the Case [The parties should prepare a brief statement of the nature of the case (personal injury, federal tort claim, breach of contract, patent infringement, etc.) including the claims of the parties. The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors upon selection of a jury.] II. Jurisdiction This is an action for [state the remedy sought, such as damages or injunctive or declaratory relief]. The jurisdiction of the Court is not disputed [or, if the issue has not previously been raised, the basis on which jurisdiction is contested] and is based on [state the statutory, constitutional, or other basis of jurisdiction]. III. Facts A. Uncontested Facts The following facts are not disputed or have been agreed to or stipulated to by the parties: [This section should contain a comprehensive statement of the facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury at the beginning of the evidentiary portion of the trial.] B. Contested Facts [Identify the facts in issue, with a brief statement of what each party intends to prove in support of its claims and/or defenses. These summaries should be sufficient to identify for the Court the essential facts in issue and to fairly notify the other parties of what counsel expects to prove at trial.] IV. Issues of Law [Include a statement of the issues of law which any party contends remain to be litigated, and a citation of authorities relied upon by each party.] [The Court will preclude a party from seeking relief based on claims and defenses not described in the draft pretrial order.] V. Witnesses [Indicate which witnesses will testify in person and which by deposition. Any witness not listed will be precluded from testifying, absent good cause shown. Indicate if there are any objections to a witness and, if so, briefly state the basis for the objection.] [In the absence of an alternative agreement between the parties, witnesses will be sequestered. Also, unless the parties reach an alternative agreement, the order of the presentation of evidence will follow the burden of proof.] A. List of Witnesses the Plaintiff Expects to Call 1. 2. Expert witnesses Non-expert witnesses 2 B. List of Witnesses Defendant Expects to Call 1. 2. Expert witnesses Non-expert witnesses C. List of Witnesses Third Parties Expect to Call [If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above.] D. Testimony by Deposition [Counsel should confer prior to the pretrial conference to determine which testimony will be offered by deposition (including video tape depositions), to agree on the designation of those portions of the depositions to be offered into evidence, and to identify objections. If there are objections that will need to be resolved, counsel will submit the transcript and a summary of the objections with the draft pretrial order. All irrelevant and redundant material, including colloquy between counsel and objections, will be eliminated when the deposition is read or viewed at trial.] VI. Exhibits A. Exhibits [The parties are to provide a list of pre-marked exhibits that each party intends to offer at trial, along with citations to the Federal Rules of Evidence to note any objections thereto lodged by any other party. Exhibits not listed will not be admitted unless good cause is shown. Exhibits not objected to will be received into evidence by the operation of the Final Pretrial Order without the need for additional foundation testimony.] On or before the first day of trial, counsel will deliver to the Courtroom Deputy a 3 completed AO Form 187 exhibit list for each party. A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use. If good faith efforts to resolve the objections fail, the party objecting to the exhibits shall bring its objections to the Court’s attention prior to the witness being called to the witness stand. B. Demonstrative Exhibits The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements. A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use, and objections will be provided no later than 7:30 p.m. the night before their intended use. If any of the demonstratives change after the deadline, the party intending to use the demonstrative will promptly notify the opposing party of the change(s). The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD. For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits. This provision does not apply to demonstratives created during testimony or demonstratives to be used for cross examination, neither of which need to be provided to the 4 other side in advance of their use. In addition, blow-ups or highlights of exhibits or parts of exhibits or testimony are not required to be provided to the other side in advance of their use. If good faith efforts to resolve objections to demonstrative exhibits fail, the objecting party shall bring its objections to the Court’s attention prior to the opening statements or prior to the applicable witness being called to the witness stand. VII. Damages [Include an itemized statement of all damages, including special damages.] VIII. Bifurcated Trial [Indicate whether the parties desire a bifurcated trial, and, if so, why.] IX. 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 five (5) 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 and 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.] X. Discovery 5 Each party has completed discovery. XI. Number of Jurors 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 and there addressing any challenges for cause, and concluding back in the courtroom with peremptory strikes. XII. Non-Jury Trial [If the parties desire a detailed opinion from the Court post-trial, counsel should include a proposed post-trial briefing schedule in the draft pretrial order.] In their initial briefs, 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. In their initial briefs, each party shall also provide Conclusions of Law, with supporting citations. XIII. Length of Trial [The trial will be timed. Indicate the number of hours the parties request for their trial presentations.] Time will be charged to a party for its opening statement, direct and redirect examinations of witnesses it calls, cross-examination of witnesses called by any other party, and closing argument. The Courtroom Deputy will keep a running total of trial time used by counsel. XIV. Amendments of the Pleadings [Indicate any amendments of the pleadings desired by any party, along with a statement whether the proposed amendment is objected to and, if objected to, the grounds for the 6 objection.] XV. Additional Matters [List here any additional issues requiring resolution prior to trial, including whether the parties anticipate requesting that the courtroom be closed to the public for a portion of any specified witness’ testimony.] XVI. Settlement [Provide a certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement, including a description of the overall extent of such efforts and identification of the date of the most recent substantive discussions regarding settlement.] 7 IT IS HEREBY ORDERED that this Final Pretrial Order shall control the subsequent course of the action, unless modified by the Court to prevent manifest injustice. DATED: Sherry R. Fallon UNITED STATES MAGISTRATE JUDGE APPROVED AS TO FORM AND SUBSTANCE: ATTORNEY FOR PLAINTIFF(S) ATTORNEY FOR DEFENDANT(S) 8

=== U.S. Magistrate Judge Consent Forms - Revised 1/09 ===

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Parties’ printed names Signatures of parties or attorneys Dates IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Reference Order Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. AO 85A (Rev. 01/09) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of__________ Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Parties’ printed names Signatures of parties or attorneys Dates IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Reference Order Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.

=== U.S. Magistrate Judge Consent Form - Dispositive Motions ===

UNITED STATES DISTRICT COURT DISTRICT Delaware Plaintiff V. Defendant CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE OVER DISPOSITIVE MOTIONS DESCRIBED UNDER 28 U.S.C.§636(b)(1)(B) CASE NUMBER: CONSENT TO EXERCISE OF JURISDICTION In accordance with the provisions of 28 U.S.C.§636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below. The parties understand that by their consent, there will be no review by a district court judge. MOTION(S) with docket index (D.I.) numbers: ____________________________________ _____________________________________________________________________________________ Party Represented Signatures Date ________________________________ ____________________________ ____________________ ________________________________ ____________________________ ____________________ ________________________________ ____________________________ ____________________ IT IS ORDERED that the above motion(s) be referred to Sherry R. Fallon, United States Magistrate Judge, to conduct all proceedings and enter a final order on such motion(s) in accordance with 28 U.S.C. §636(c) and Fed.R.Civ.P.73. ORDER OF REFERENCE _________________________ Date __________________________________________________ United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

=== Standing Order in Non-Pro Se Matters for Objections filed under Federal Rule of Civil Procedure 72 ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72 WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order, IT IS ORDERED THAT in all cases in which such objections are filed, unless otherwise ordered by the District Judge, the objecting party must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed. ___________________________________ Honorable Mary Pat Thynge U.S. Magistrate Judge U.S. District Court for the District of Delaware ___________________________________ Honorable Leonard P. Stark U.S. Magistrate Judge U.S. District Court for the District of Delaware DATED: November 16, 2009

=== Standing Order in Pro Se Matters for Objections filed under Federal Rule of Civil Procedure 72 ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72 WHEREAS pursuant to Federal Rule of Civil Procedure 72, objections to a Magistrate Judge’s decision on dispositive and non-dispositive matters are due within fourteen (14) days after being served with a copy of the Report & Recommendation (“R&R”) or Order, IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed. ___________________________________ Honorable Mary Pat Thynge U.S. Magistrate Judge U.S. District Court for the District of Delaware ___________________________________ Honorable Leonard P. Stark U.S. Magistrate Judge U.S. District Court for the District of Delaware DATED: November 16, 2009

=== Rule 16 Scheduling Order – Asbestos – Revised 11/07/22 ===

REVISED 11/7/2022 For Asbestos Cases SCHEDULING ORDER This day of , 202 , the Court having conducted an initial Rule 16 scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1 on , 202 , 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 of this Order. If they have not already done so, the parties are to review the Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”), which is posted on Magistrate Judge Fallon’s section of the Court’s website (http://www.ded.uscourts.gov) under the “Guidelines” tab, 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 , 202 . 3. Discovery. 0F 1 Unless otherwise ordered by the Court, the limitations on discovery set forth in D. Del. LR 26.1 shall be strictly observed. 1 P. 30, the number of allowed interrogatories under Rule 33, or limit the number of Should the parties agree to modify the number of depositions under Fed. R. Civ. a. Supplementation of Initial Disclosures. i. Date for Plaintiff(s) to produce medical and diagnostic materials1F 2: , 202 . ii. Date for Plaintiff(s) to file Initial Witness and Exhibit Lists (Factual, Medical and Expert): , 202 . iii. Date for Defendants to file Joint Witness and Exhibit Lists (Factual, Medical and Expert): , 202 . iv. Date for Defendants to file Initial Individual Witness and Exhibit Lists (Factual, Medical and Expert): , 202 . b. Discovery Deadlines. i. Date for Final Discovery Requests: , 202 . ii. Date for Objections to Final Discovery Requests: , 202 . c. 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 requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order. The parties shall meet and confer concerning designation of a defense liaison 2 counsel and alternate liaison counsel to avoid the necessity of multiple production sets of discovery to each defendant appearing in the suit. Unless the parties agree otherwise, Fed. R. Civ. P. 5 and D. Del. LR 5.4 will govern. 2 within this district. Exceptions to this general rule may be made by order of the Court or written agreement of the parties. A defendant who becomes a counterclaimant, cross- claimant, or third-party plaintiff shall be considered as having filed an action in this Court for the purpose of this provision. iii. Date for completion of depositions of Plaintiff(s) alleging exposure: , 202 . iv. Date for completion of depositions of all co-worker, product identification, and other exposure testimony witnesses: , 202 . v. Date for completion of depositions of all defense fact witnesses: , 202 . d. Disclosure of Expert Testimony. i. Expert Reports. For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before , 202 . The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before , 202 . Reply expert reports from the party with the initial burden of proof are due on or before , 202 . 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. 1. Date on which parties shall meet and confer to finalize a schedule for taking depositions of Plaintiff(s) and Defendants’ experts: , 202 . 2. Date for completion of depositions of all experts called by any party: , 202 . 3 3. Date for completion of depositions of all joint defense experts: , 202 . 4. Date for completion of depositions of all experts called individually by a particular Defendant: , 202 . ii. Objections to Expert Testimony. To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. e. Discovery Cut Off. All discovery in this case shall be initiated so that it will be completed on or before , 202 . The Court encourages the parties to serve and respond to contention interrogatories early in the case. f. Discovery Matters and Disputes Relating to Protective Orders. Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order,2F 3 the moving party (i.e., the party seeking relief from the Court) should file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery dispute telephone conference and deadlines for submissions. On the date set by the Court, generally not less than seventy- 3 intervention. Counsel shall verbally discuss the issues/concerns before seeking the Court’s 4 two (72) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12- point font, outlining that party’s reason for its opposition. Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Disputes or issues regarding protective orders, or motions for extension of time for briefing case-dispositive motions which are related to discovery matters are to be addressed in accordance with this Order. 4. Application to Court for Protective Order. Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(f) above. 5 Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, the Court does not intend to preclude another court from finding that information 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. 5. Papers Filed Under Seal. When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the 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. 6. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and two (2) courtesy copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. 7. ADR Process. No ADR referral will be made to a Magistrate Judge. The parties are directed to comply with the Court’s Standing Order 2022-2. 8. Interim Status Report. On , 202 , counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date. 6 9. Status Conference. On , 202 , the Court will hold a Rule 16(a), (b) and (c) conference by telephone with counsel beginning at .m. Plaintiff’s counsel shall initiate the telephone call. At the time of this conference, counsel shall also be prepared to discuss the progress, if any, of settlement discussions and shall be prepared to discuss the possibility of setting up a settlement conference with the Court, counsel and their clients. If all parties agree that there is nothing to report, nor anything to add to the interim status report, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off the Court’s calendar. 10. Case Dispositive Motions. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before , 202 . 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. Any references to exhibits in the briefs must cite the specific pages of the exhibit proffered in support of a party’s argument. If the exhibit is a deposition, both the page and line numbers must be specified. 3F 4 A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a letter brief with the Court of no more than four (4) pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more 4 be accepted and is not consistent with this provision. For example, a citation to an exhibit that references the entire document will not 7 than four (4) pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed. 11. Applications by Motion. Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk. Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers. Any non- dispositive motion should contain the statement required by Local Rule 7.1.1. 12. Pretrial Conference. On ____________, 202 , 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 with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 202 . 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. 13. 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. 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. 8 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 and may be opposed by a maximum of three (3) pages of argument. 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, unless otherwise ordered by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court. 15. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) 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 email to [email protected]. 16. Trial. This matter is scheduled for a ____ day trial beginning at 9:30 a.m. on _________, 202 with the remaining 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. Sherry R. Fallon United States Magistrate Judge 9

=== Rule 16 Scheduling Order – Patent – Revised 02/15/23 ===

SCHEDULING ORDER Revised 2/15/2023 For Patent Cases This ___ day of ______ , 20__, the Court having conducted an initial Rule 16 scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1 on _______________, 20__, 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. Joinder of Other Parties and Amendment of Pleadings. All motions to join other parties, and to amend or supplement the pleadings shall be filed on or before _____________, 20__. 2. Discovery.1 All discovery in this case shall be initiated so that it will be completed on or before _______________, 20__. Unless otherwise ordered by the Court, the limitations on discovery set forth in Local Rule 26.1 shall be strictly observed. a. Rule 26(a)(1) Initial Disclosures. Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date of this Order. b. E-Discovery Default Standard. If they have not already done so, the parties 1 Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order. are to review the Default Standard for Discovery of Electronic Documents, which is posted on Magistrate Judge Fallon’s section of the Court’s website (http://www.ded.uscourts.gov) under the “Guidelines” tab, and is incorporated herein by reference. c. Document Production. Document production shall be substantially complete on or before ______________. d. Interrogatories. A maximum of ___ interrogatories shall be served by each party to any other party. e. Contention Interrogatories. In the absence of agreement among the parties, contention interrogatories, if filed, shall first be addressed by the party with the burden of proof no later than the date established for the completion of document production, with the responsive answers due within thirty (30) days thereof. The adequacy of all such 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. f. Requests for Admission. A maximum of ___ requests for admission shall be served by each party to any other party. g. Depositions. i. Timing. In the absence of agreement among the parties or by order of the court, no deposition (other than those noticed under Fed. R. Civ. P. 30(b)(6 shall be scheduled prior to the completion of document production. ii. Limitation on Hours for Deposition Discovery. Each side is limited to a maximum of ___ hours for taking fact depositions. 2 iii. 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. h. Disclosure of Expert Testimony. i. For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__. ii. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__. iii. Reply expert reports from the party with the initial burden of proof are due on or before ________. iv. 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. i. Objections to Expert Testimony. To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. Briefing on such motions is subject to the page limits set out in connection with briefing of case dispositive motions. 3 j. Fact Witnesses to be Called at Trial. i. Within one (1) month following the close of expert discovery, each party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony), who has previously been disclosed during discovery and that it intends to call at trial. ii. Within one (1) month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact witness that it intends to call at trial. iii. The parties shall have the right to depose any such fact witnesses who have not previously been deposed in this case. Such deposition shall be held within one (1) month after service of the list of rebuttal fact witnesses and shall be limited to twenty (20) hours per side in the aggregate unless extended by agreement of the parties or upon order of the court upon good cause shown. k. Discovery Matters and Disputes Relating to Protective Orders. i. Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph,2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference To Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Disputes.” 2 Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention. 4 ii. The Court will thereafter order a discovery telephone conference and deadlines for submissions. On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. The parties shall file any exhibits associated with their respective letter submissions as separate, individual attachments within the docket entry for the letter. iii. On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition. iv. Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided. v. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. vi. Disputes or issues regarding protective orders, or motions for extension of time for briefing case dispositive motions which are related to discovery matters are to be addressed in accordance with this paragraph. 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 of this 5 Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 2(j) above. Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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 in other proceedings 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 party may have an opportunity to appear and be heard in the other proceeding. 4. Papers Filed Under Seal. When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the 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 one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. 6. Interim Status Report. On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date. 7. Status Conference. On ___________________, 20__, the Court will hold a Rule 16(a), (b) and (c) conference by telephone with counsel beginning at ______ _.m. Plaintiff’s counsel shall initiate the telephone call. At the time of this conference, counsel shall also be 6 prepared to discuss the progress, if any, of settlement discussions and shall be prepared to discuss the possibility of setting up a settlement conference with the Court, counsel and their clients. If all parties agree that there is nothing to report, nor anything to add to the interim status report or to this order, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off of the Court’s calendar. 8. Claim Construction Issue Identification. On or before __________, 20__, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s). This document will not be filed with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _________, 20__. The 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. Each party shall file concurrently with the Joint Claim Construction Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not contain any argument and shall simply state that the party “requests” that the Court adopt the claim construction position(s) of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ]).” 9. Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on __________. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ____________. The Plaintiff shall serve, but not file, its reply 7 brief, not to exceed 20 pages, on ______________. The Defendant shall serve, but not file, its sur- reply brief, not to exceed 10 pages, 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. II. Agreed-upon Constructions Disputed Constructions A. [TERM 1] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. Defendant’s Sur-Reply Position B. [TERM 2] 1. Plaintiff’s Opening Position 2. Defendant’s Answering Position 3. Plaintiff’s Reply Position 4. 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 appendix, the parties shall submit them in a Joint Appendix. 10. Beginning at ____ _.m. on _______________, 20__, the Court will hear evidence and argument on claim construction. The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request 8 leave to present testimony at the hearing; and (ii) the amount of time they would like to have allocated to them for the hearing. 11. The court shall issue its decision on claim construction on ___________, 20__. 12. Case Dispositive Motions. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ______________, 20__ [a date approximately four months prior to the pretrial conference]. Briefing will be presented pursuant to the Court’s Local Rules, except as modified by this Order. If the matter is scheduled for a bench trial, no case dispositive motions shall be filed without prior authorization of the Court. No case-dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court. a. Concise Statement of Facts Requirement. Any motion for summary judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that 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. b. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six 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 9 motion may also include with its opposing papers a separate concise statement, not to exceed four 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. c. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis. d. 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.3 3 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 e. Citations to exhibits. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party’s argument. If the exhibit is a deposition, both the page and line numbers must be specified.4 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. Pretrial Conference. On _________________, 20__, the Court will hold a Pretrial Conference in Court with counsel beginning at ___ _.m. [a date approximately two to four weeks prior to the requested trial date]. 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 with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 20__. Unless otherwise ordered by the Court, the parties shall comply with the time frames 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. 15. 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. 4 For example, a reference to an exhibit that refers to the entire document will not be accepted and is not consistent with this provision. 11 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 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 and 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. 17. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference. That submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which shall be submitted to [email protected]. 18. Trial. This matter is scheduled for a __ day ___ [bench / jury] trial beginning at 9:30 a.m. on ________________, 20__ 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. [Eliminate this paragraph in ANDA cases] Judgment on Verdict and Post-Trial Status Report. Within seven days after a jury returns a verdict in any portion of a jury trial, the 12 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. 20. Post-Trial Motions. [For ANDA cases] The parties will address the post-trial briefing schedule and page limits in the proposed final pretrial order. [For non-ANDA cases] 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. /s/ UNITED STATES MAGISTRATE JUDGE 13

=== Rule 16 Scheduling Order – Non-Patent – Revised 02/15/23 ===

Revised 2/15/2023 For Non-Patent Cases SCHEDULING ORDER This ___ day of ____________________, 20__, the Court having conducted an initial Rule 16 scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1 on _______________, 20__, 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 of this Order. If they have not already done so, the parties are to review the Default Standard for Discovery of Electronic Documents, which is posted on Magistrate Judge Fallon’s section of the Court’s website at http://www.ded.uscourts.gov under the “Guidelines” tab, 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 _____________, 20__. 3. Discovery.1 Unless otherwise ordered by the Court, the limitations on discovery set forth in Local Rule 26.1 shall be strictly observed. 1 Should the parties agree to modify the number of depositions under FED. R. CIV. P. 30, the number of allowed interrogatories under Rule 33 or limit the number of requests for production and/or requests for admission under Rules 34 and 36 respectively, they shall include the appropriate proposed provisions in this Order. a. Depositions. i. Limitation on Hours for Deposition Discovery. Each side is limited to a total of ___ hours of taking testimony by deposition upon oral examination. ii. Location of Depositions. Any party or representative (officer, director, or managing agent) of a party filing a civil action in this district court must ordinarily be required, upon request, to submit to a deposition at a place designated within this district. Exceptions to this general rule may be made by order of the Court or written agreement of the parties. A defendant who becomes a counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an action in this Court for the purpose of this provision. b. Discovery Cut Off. All discovery in this case shall be initiated so that it will be completed on or before _______________, 20__. The Court encourages the parties to serve and respond to contention interrogatories early in the case. c. Disclosure of Expert Testimony. i. Expert Reports. For the party who has the initial burden of proof on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before _____________, 20__. The supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before ______________, 20__. Reply expert reports from the party with the initial burden of proof are due on or before ________. 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 Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. d. Discovery Matters and Disputes Relating to Protective Orders. Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order,2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery telephone conference and deadlines for submissions. On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition. Two (2) courtesy copies of the letters are to be hand delivered to the Clerk’s Office within one hour of e-filing. All courtesy copies shall be double-sided. 2 Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Disputes or issues regarding protective orders, or motions for extension of time for briefing case-dispositive motions which are related to discovery matters are to be addressed in accordance with this Order. 4. Application to Court for Protective Order. Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(d) above. Any proposed protective order should include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this litigation, 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. 5. Papers Filed Under Seal. When filing papers under seal, counsel should deliver to the Clerk an original and one (1) copy of the papers. In accordance with section G of the 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. Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of the redacted material would work a clearly defined and serious injury to the party seeking redaction. 6. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. 7. Interim Status Report. On ______________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date. 8. Status Conference. On ___________________, 20__, the Court will hold a Rule 16(a), (b) and (c) conference by telephone with counsel beginning at ______ _.m. Plaintiff’s counsel shall initiate the telephone call. At the time of this conference, counsel shall also be prepared to discuss the progress, if any, of settlement discussions and shall be prepared to discuss the possibility of setting up a settlement conference with the Court, counsel and their clients. If all parties agree that there is nothing to report, nor anything to add to the interim status report or to this order, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be taken off the Court’s calendar. 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 ______________, 20__ [a date approximately four months prior to the pretrial conference]. Briefing will be presented pursuant to the Court’s Local Rules, except as may be modified during the scheduling conference. If the matter is scheduled for a bench trial, no case dispositive motions shall be filed without prior authorization of the Court. 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 pages, which details each material fact that 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. c. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six 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 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. d. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis. e. Citations to Exhibits. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party’s argument. If the exhibit is a deposition, both the page and line numbers must be specified.3 10. Applications by Motion. Except as otherwise specified herein, any application to the Court shall be by written motion filed with the Clerk. Unless otherwise requested by the Court, counsel shall not deliver copies of papers or correspondence to Chambers. Any non-dispositive motion should contain the statement required by Local Rule 7.1.1. 11. Pretrial Conference. On _________________, 20__, 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 with the information required by the form of Final Pretrial Order which accompanies this Scheduling Order on or before [a date 7 days before the Pretrial Conference], 20__. Unless otherwise ordered by the Court, the parties shall comply with the 3 For example, a reference to an exhibit that refers to the entire document will not be accepted and is not consistent with this provision. 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. 12. 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. 13. 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 and 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. 14. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file joint (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) 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 email to [email protected]. 15. Trial. This matter is scheduled for a ___ day ____ trial beginning at 9:30 a.m. on ________________, 20__ with the remaining 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. /s/ UNITED STATES MAGISTRATE JUDGE

=== Default Standard for Discovery of Electronically Stored Information ("E-Discovery") ===

DEFAULT STANDARD FOR DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION {"ESI") 1. General Provisions a. Cooperation. Parties are expected to reach agreements cooperatively on how to conduct discovery under Fed . R. Civ. P. 26-36. In the event that the parties are unable to agree on the parameters and/or timing of discovery, the following default standards shall apply until further order of the Court or the parties reach agreement. b. Proportionality. Parties are expected to use reasonable , good faith and proportional efforts to preserve, identify and produce relevant information. 1 This includes identifying appropriate limits to discovery, including limits on custodians, identification of relevant subject matter, time periods for discovery and other parameters to limit and guide preservation and discovery issues. c. Preservation of Discoverable Information. A party has a common law obligation to take reasonable and proportional steps to preserve discoverable information in the party's possession , custody or control. (i) Absent a showing of good cause by the requesting party, the parties shall not be required to modify, on a going-forward basis, the procedures used by them in the ordinary course of business to back up and archive data; provided , however, that the parties shall preserve the non-duplicative discoverable information currently in their possession , custody or control. 1lnformation can originate in any form , including ESI and paper, and is not limited to information created or stored electronically. (ii) Absent a showing of good cause by the requesting party, the categories of ESI identified in Schedule A attached hereto need not be preserved . d. Privilege. (i) The parties are to confer on the nature and scope of privilege logs for the case, including whether categories of information may be excluded from any logging requirements and whether alternatives to document-by-document logs can be exchanged . (ii) With respect to information generated after the filing of the complaint, parties are not required to include any such information in privilege logs. (iii) Activities undertaken in compliance with the duty to preserve information are protected from disclosure and discovery under Fed . R. Civ. P. 26(b)(3)(A) and (B) . (iv) Parties shall confer on an appropriate non-waiver order under Fed . R. Evid . 502 . Until a non-waiver order is entered , information that contains privileged matter or attorney work product shall be immediately returned if such information appears on its face to have been inadvertently produced or if notice is provided within 30 days of inadvertent production. 2. Initial Discovery Conference. a. Timing. Consistent with the guidelines that follow, the parties shall discuss the parameters of their anticipated discovery at the initial discovery conference (the "Initial Discovery Conference") pursuant to Fed . R. Civ. P. 26(f) , which shall take place before the Fed. R. Civ. P. 16 scheduling conference ("Rule 16 Conference"). 2 b. Content. The parties shall discuss the following : (i) The issues, claims and defenses asserted in the case that define the scope of discovery. (ii) The likely sources of potentially relevant information (i.e ., the "discoverable information"), including witnesses , custodians and other data sources (e.g., paper files , email , databases, servers, etc.). (iii) Technical information , including the exchange of production formats . (iv) The existence and handling of privileged information . (v) The categories of ESI that should be preserved. 3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: a. Custodians. The 1 0 custodians most likely to have discoverable information in their possession , custody or control , from the most likely to the least likely. The custodians shall be identified by name, title, role in the instant dispute, and the subject matter of the information. b. Non-custodial data sources.2 A list of the non-custodial data sources that are most likely to contain non-duplicative discoverable information for preservation and production consideration , from the most likely to the least likely. c. Notice. The parties shall identify any issues relating to: (i) Any ESI (by type, date, custodian, electronic system or other criteria) 2That is, a system or container that stores ESI , but over which an individual custodian does not organize, manage or maintain the ESI in the system or container (e.g ., enterprise system or database) . 3 that a party asserts is not reasonably accessible under Fed. R. Civ. P. 26(b)(2)(C)(i) . (ii) Third-party discovery under Fed . R. Civ. P. 45 and otherwise , including the timing and sequencing of such discovery. (iii) Production of information subject to privacy protections, including information that may need to be produced from outside of the United States and subject to foreign laws. Lack of proper notice of such issues may result in a party losing the ability to pursue or to protect such information. 4. Initial Discovery in Patent Litigation.3 a. Within 30 days after the Rule 16 Conference and for each defendant, 4 the plaintiff shall specifically identify the accused products 5 and the asserted patent(s) they allegedly infringe , and produce the file history for each asserted patent. b. Within 30 days after receipt of the above, each defendant shall produce to the plaintiff the core technical documents related to the accused product(s) , including but not limited to operation manuals, product literature, schematics, and specifications . c. Within 30 days after receipt of the above , plaintiff shall produce to each defendant an initial claim chart relating each accused product to the asserted claims each product allegedly infringes. 3As these disclosures are "initial ," each party shall be permitted to supplement. 4For ease of reference , "defendant" is used to identify the alleged infringer and "plaintiff' to identify the patentee. 5For ease of reference , the word "product" encompasses accused methods and systems as well. 4 d. Within 30 days after receipt of the above, each defendant shall produce to the plaintiff its initial invalidity contentions for each asserted claim, as well as the related invalidating references (e.g. , publications, manuals and patents). e. Absent a showing of good cause, follow-up discovery shall be limited to a term of 6 years before the filing of the complaint, except that discovery related to asserted prior art or the conception and reduction to practice of the inventions claimed in any patent-in-suit shall not be so limited . 5. Specific E-Discovery Issues. a. On-site inspection of electronic media. Such an inspection shall not be permitted absent a demonstration by the requesting party of specific need and good cause. b. Search methodology. If the producing party elects to use search terms to locate potentially responsive ESI , it shall disclose the search terms to the requesting party. Absent a showing of good cause, a requesting party may request no more than 10 additional terms to be used in connection with the electronic search . Focused terms, rather than over-broad terms (e.g ., product and company names), shall be employed . The producing party shall search (i) the non-custodial data sources identified in accordance with paragraph 3(b) ; and (ii) emails and other ESI maintained by the custodians identified in accordance with paragraph 3(a) . c. Format. ESI and non-ESI shall be produced to the requesting party as text searchable image files (e.g., PDF or TIFF) . When a text-searchable image file is produced , the producing party must preserve the integrity of the underlying ESI , i.e., the 5 original formatting , the metadata (as noted below) and , where applicable , the revision history. The parties shall produce their information in the following format: single page TIFF images and associated multi-page text files containing extracted text or OCR with Concordance and Opticon load files containing all requisite information including relevant metadata. d. Native files. The only files that should be produced in native format are files not easily converted to image format, such as Excel and Access files . e. Metadata fields. The parties are only obligated to provide the following metadata for all ESI produced , to the extent such metadata exists: Custodian , File Path , Email Subject, Conversation Index, From , To , CC , BCC , Date Sent, Time Sent, Date Received , Time Received , Filename, Author, Date Created, Date Modified , MD5 Hash, File Size , File Extension , Control Number Begin , Control Number End, Attachment Range , Attachment Begin , and Attachment End (or the equivalent thereof) . 6 SCHEDULE A 1. Deleted , slack, fragmented , or other data only accessible by forensics . 2. Random access memory (RAM) , temporary files , or other ephemeral data that are difficult to preserve without disabling the operating system. 3. On-line access data such as temporary internet files , history, cache , cookies , and the like. 4. Data in metadata fields that are frequently updated automatically, such as last opened dates. 5. Back-up data that are substantially duplicative of data that are more accessible elsewhere. 6. Voice messages. 7. Instant messages that are not ordinarily printed or maintained in a server dedicated to instant messaging . 8. Electronic mail or pin-to-pin messages sent to or from mobile devices (e.g., iPhone and Blackberry devices), provided that a copy of such mail is routinely saved elsewhere. 9. Other electronic data stored on a mobile device, such as calendar or contact data or notes, provided that a copy of such information is routinely saved elsewhere. 10. Logs of calls made from mobile devices. 11 . Server, system or network logs. 12. Electronic data temporarily stored by laboratory equipment or attached electronic 7 equipment, provided that such data is not ordinarily preserved as part of a laboratory report. 13. Data remaining from systems no longer in use that is unintelligible on the systems in use. 8

=== Default Standard for Access to Source Code ===

DEFAULT STANDARD FOR ACCESS TO SOURCE CODE Absent agreement among the parties, the following procedures shall apply to ensure secure access to source code: 1. A single electronic copy of source code or executable code shall be made available for inspection on a stand-alone computer. 2. The stand-alone computer shall be password protected and supplied by the source code provider. 3. The stand-alone computer shall be located with an independent escrow agent, with the costs of such to be shared by the parties. If the parties cannot agree on such an agent, each party shall submit to the court the name and qualifications of their proposed agents for the court to choose. 4. Access to the stand-alone computer shall be permitted, after notice to the provider and an opportunity to object, to two (2) outside counsel representing the requesting party and two (2) experts retained by the requesting party, all of whom have been approved under the protective order in place. No one from the provider shall have further access to the computer during the remainder of discovery. 5. Source code may not be printed or copied without the agreement of the producing party or further order of the court. 6. The source code provider shall provide a manifest of the contents of the stand-alone computer. This manifest, which will be supplied in both printed and electronic form, will list the name, location, and MD5 checksum of every source and executable file escrowed on the computer. 7. The stand-alone computer shall include software utilities which will allow counsel and experts to view, search, and analyze the source code. At a minimum, these utilities must provide the ability to (a) view, search, and line-number any source file, (b) search for a given pattern of text through a number of files, (c) compare two files and display their differences, and (d) compute the MD5 checksum of a file. 8. If the court determines that the issue of missing files needs to be addressed, the source code provider will include on the stand-alone computer the build scripts, compilers, assemblers, and other utilities necessary to rebuild the application from source code, along with instructions for their use. 2