Bankruptcy Cases and Proceedings

(a) Matters Determined by the Bankruptcy Judges. Civil Rule 200-1 (1) (2) Subject to paragraph (a)(3)(B), all cases under Title 11 of the United States Code, and any or all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges. It is the intention of this court that the bankruptcy judges be given the broadest possible authority to administer cases properly within their jurisdiction, and this rule shall be interpreted to achieve this end. Pursuant to 28 U.S.C. § 157(b)(1), the bankruptcy judges shall hear and determine all cases under Title 11 and all core proceedings (including those delineated in 28 U.S.C. § 157(b)(2 arising under Title 11, or arising in a case under Title 11, and shall enter appropriate orders and judgments, subject to review under 28 U.S.C. § 158.

(3) The bankruptcy judges shall hear all non-core proceedings related to a case under Title 11. (A) (B) By Consent: With the consent of the parties, a bankruptcy judge shall conduct hearings and enter appropriate orders or judgments in the proceeding, subject only to review under 28 U.S.C. § 158. Absent Consent: Absent consent of the parties, a bankruptcy judge shall conduct hearings and file proposed findings of fact and conclusions of law and a proposed order or judgment with the bankruptcy clerk. The bankruptcy judge may also file recommendations concerning whether the review of the proceedings should be expedited, and whether or not the basic bankruptcy case should be stayed pending district court termination of the non-core proceedings.

The bankruptcy clerk shall serve copies of these documents upon the parties. Within 14 days of service, any party to the proceedings may file objections with the bankruptcy clerk. Any final order or judgment shall be issued by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. (Review of interlocutory orders shall be had following the procedure specified in paragraph (d) of this rule.) (C) Signifying Consent: At time of pre-trial, or earlier, upon motion of a party Local Rules |Northern District of Indiana Page | 78 Civil Rule 200-1 in interest, the parties shall: (i) (ii) (iii) (iv) Stipulate in writing that the proceeding is a core proceeding: Stipulate in writing that the proceeding is a non-core proceeding, but that the bankruptcy judge can determine the matter and enter a final order subject to review pursuant to 28 U.S.C. § 158; Stipulate that the proceeding is a non-core proceeding, the bankruptcy judge finds the matter is a non-core proceeding and at least one party refuses to have the bankruptcy judge determine the matter; or State that there is no agreement between the parties as to whether the proceeding is a core or non-core proceeding and at least one party refuses to have the bankruptcy judge determine the matter if it is determined to be a non-core proceeding; Attached as an Appendix to this rule is an example of a stipulated order which may be used at the pretrial conference.

(b) Matters to be Determined or Tried by District Judges. (1) Motions to withdraw cases and proceedings to the District Court. (A) (B) The district judge shall hear and determine any motion to withdraw any case, contested matter, or adversary proceeding pursuant to 28 U.S.C. § 157(d). All such motions shall be accompanied by a separate supporting brief and any appropriate affidavits.

The motion shall be filed with the bankruptcy court and served upon all appropriate parties in interest. Unless the bankruptcy court directs otherwise, any response and opposing affidavits shall be served and filed within the time required by L.R. 7-1 and the movant may serve and file any reply thereto within the time provided in that rule. (C) Upon the expiration of the time for filing briefs concerning the motion, the motion and all materials submitted in support thereof and in opposition thereto will be transmitted to the district court for a determination. The bankruptcy judge may submit a written Local Rules |Northern District of Indiana Page | 79 Civil Rule 200-1 recommendation concerning the motion, the effect of withdrawal upon the disposition of the underlying bankruptcy case, and whether the disposition of the motion should be expedited.

Any such recommendation shall be served upon the parties in accordance with the procedures set forth in subparagraph (a)(3)(B) of this rule. (D) Should the district judge grant the motion to withdraw, the case, contested matter or adversary proceeding may be referred back to the bankruptcy judge for proposed findings of fact and conclusions of law and a proposed order or judgment in accordance with the procedures set forth in subparagraph (a)(3)(B) of this rule. (2) Personal Injury or Wrongful Death Tort Claims. (A) In proceedings involving an objection to a personal injury or wrongful death claim, the bankruptcy judge may hold a preliminary pre-trial or scheduling conference.

At this conference, the parties may agree to the termination of the automatic stay to allow the claim to be determined in the state or federal court that would, absent bankruptcy, have jurisdiction over the action. In the absence of such an agreement, the bankruptcy judge, after consulting with the parties or their counsel, may issue a preliminary scheduling order. The matter shall then be transmitted to the clerk of the district court for such proceedings as may be appropriate. (c) Jury Trial.

(1) Jury Trial Before a Bankruptcy Judge: Jury trials before a bankruptcy judge are not permitted. Issues arising under section 303 of Title 11 shall be tried by the bankruptcy judge without a jury. (2) Jury Trials Before a District Judge: (A) Where jury trials are not permitted before a bankruptcy judge, the party demanding a jury trial shall file a motion to withdraw the proceeding to the district court, in accordance with paragraph (b)(1) of this rule. The motion shall be filed at the same time as the demand for a jury trial.

Unless excused by the district judge, the failure to file a timely motion to withdraw the proceeding shall constitute a waiver of any right to a trial by jury. Local Rules |Northern District of Indiana Page | 80 Civil Rule 200-1 (B) In a personal injury or wrongful death tort claim, parties have the right to trial by jury. The demand for a jury trial must be properly made to preserve the right to a trial by jury. (d) Appeals to the District Court.

All appeals in core cases, in non-core cases heard by consent, and appeals of interlocutory orders entered by the bankruptcy judges in non- core cases heard by the bankruptcy court under subparagraph (a)(3)(B) of this rule shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by the Bankruptcy Rules. (e) Mandate Following a Decision on Appeal. The court’s mandate following a decision on appeal from the bankruptcy court consists of a certified copy of the court’s judgment and the court’s written opinion, if any. Unless the court orders otherwise, the clerk will issue the mandate to the clerk of the bankruptcy court: (1) (2) (3) immediately, when an appeal is dismissed voluntarily; seven days after the expiration of the deadline for filing any notice of appeal from this court’s decision, unless a notice of appeal is filed; or if a notice of appeal is filed, seven days after the conclusion of any proceedings undertaken as a result of the Seventh Circuit’s mandate to this court, unless those proceedings result in the entry of an order that could be the subject of a further appeal.

The mandate is effective when issued. (f) (g) Filing of Papers. While a case or proceeding is pending before a bankruptcy judge, or prior to the docketing of an appeal in the district court as set forth in the Bankruptcy Rules, all pleadings and other papers shall be filed with the bankruptcy clerk. After the case or non-core proceeding is assigned to a district judge, or after the district clerk has given notice to all parties of the date on which the appeal was docketed, all pleadings shall bear a civil case number in addition to the bankruptcy case number(s) and shall be filed only with the district court clerk.

Submission of Files to the District Court; Assignment to District Judges. After the expiration of the time for filing objections under subparagraph (a)(3)(B), upon receipt of any order by a district judge pursuant to 28 U.S.C. § 157(d) or upon the docketing of an appeal in the district court as specified in paragraph (d), the bankruptcy clerk shall submit the file for the case or proceeding to the district court clerk. The district court Local Rules |Northern District of Indiana Page | 81 Civil Rule 200-1 clerk shall affix a civil number to each submission, and shall make the assignment to a district judge in accordance with the usual system for assigning civil cases. (h) Local Bankruptcy Rules.

The bankruptcy judges are authorized to make and amend rules governing the practice and procedure in all cases and proceedings within the district court's bankruptcy jurisdiction, in accordance with the requirements of Bankruptcy Rule 9029. Unless the district court orders otherwise, such rules shall also apply to any bankruptcy case or proceeding in which the order of reference has been withdrawn. Local Rules |Northern District of Indiana Page | 82 Criminal Rule 1-1 N.D. Ind.

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R. 1–1 Scope and Modification of Criminal Rules (a) Scope.

The local criminal rules govern all criminal cases pending before the district court. In cases pending when an amendment takes effect, the court may apply the former local criminal rules if it finds that applying the amendment would not be feasible or would be unjust. (b) Local Civil Rules. The local civil rules govern all criminal cases except where they are inconsistent with the local criminal rules.

(c) Modification. The court may, on its own motion or at the request of a party, suspend or modify any local criminal rule in a particular case in the interest of justice. Local Rules |Northern District of Indiana Page | 83 Criminal Rule 6-1 N.D. Ind.

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R. 6-1 Grand Juries (a) Restricted Areas.

While a grand jury is in session, no one may be in the hall leading to the rooms or areas used by the grand jury or anyplace where witnesses before the grand jury can be seen or heard. This subdivision does not apply to: (1) (2) (3) (4) (5) grand jurors; witnesses; government attorneys, agents, and employees; court personnel involved with grand-jury proceedings; private attorneys whose clients have been called to appear before the grand jury; and (6) others specifically authorized to be present. (b) Numbering. The clerk must open a sealed miscellaneous case for each newly- impaneled grand jury.

Motions, orders, and other filings pertaining to the grand jury must bear the case number. (c) Motions to Seal Unnecessary. Motions and orders to seal are unnecessary. (d) Challenges to Subpoenas.

(1) Content of Challenges. Pre-indictment challenges to grand-jury subpoenas or grand-jury proceedings must: (A) be in writing; (B) (C) be filed with the clerk; and contain legal arguments and all pertinent facts, including: (i) (ii) the grand-jury number; the date the subpoena was served; and Local Rules |Northern District of Indiana Page | 84 Criminal Rule 6-1 (iii) the subpoena’s appearance or production date. (2) (3) Timing of Filing and Service. Absent good cause, motions to quash or to limit a grand-jury subpoena must be filed and served on the United States at least seven days before the appearance or production date.

Timing of Ruling. Except in unusual circumstances, the court will rule on motions to quash or to limit a grand-jury subpoena before the appearance or production date. (4) Magistrate Judges’ Authority. Magistrate judges may hear and determine motions to quash or to limit grand-jury subpoenas.

Local Rules |Northern District of Indiana Page | 85 Criminal Rule 12-1 N.D. Ind.

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R. 12-1 Pretrial Authentication and Foundation for Exhibits (a) Procedure. Parties are strongly encouraged to authenticate exhibits under Fed. R. Evid. 901 or establish the foundation for admitting the records of a regularly conducted activity under Fed. R. Evid. 803(6) by serving the following on opposing parties at least 30 days before trial: (1) (2) a copy of each exhibit; and a statement of intent to proceed under this local rule. (b) Objections. If the procedure in subdivision (a) is used, objections to an exhibit’s authenticity or the foundation for admitting it will be waived, unless an opposing party files an objection at least 14 days before trial.

Local Rules |Northern District of Indiana Page | 86 Criminal Rule 13-1 N.D. Ind.

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R. 13-1 Assignment of Related Cases Any subsequent case or superseding indictment or information against a defendant must be assigned to the same judge presiding over a pending criminal case against that defendant. Local Rules |Northern District of Indiana Page | 87 Criminal Rule 16-1 N.D. Ind.

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R. 16-1 Standard Orders The court may issue a standard order at the arraignment that contains provisions for: (a) a trial date; (b) (c) pretrial discovery; deadlines for filing, and responding to, pretrial motions; and (d) other matters. Local Rules |Northern District of Indiana Page | 88 Criminal Rule 30-1 N.D. Ind.

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R. 30-1 Jury Instructions A party requesting that the court instruct the jury under Fed. R. Crim. P. 30(a): (a) must file the request; (b) must use the Seventh Circuit Pattern Jury Instructions whenever possible; (c) (d) must request the Seventh Circuit Pattern Jury Instructions by number only; and is encouraged, when requesting non-pattern instructions, to submit them to chambers in an electronic format compatible with the court’s word-processing program. Local Rules |Northern District of Indiana Page | 89 Criminal Rule 46-1 N.D. Ind.

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R. 46-1 Sureties (a) Requirements on Sureties.

A surety securing a person’s appearance must: (1) be a corporate surety that: (A) (B) holds a certificate of authority from the Secretary of the Treasury; and acts through a bondsman registered with the clerk; or (2) own fee-simple title to real estate: (A) (B) (C) in which the surety’s equity has a fair-market value at least double that of the bond’s penalty; that is unencumbered except for current taxes and a first-mortgage lien; and that is not subject to an existing appearance bond in any court in this district—whether federal, state, county, or municipal. (b) Sureties on Appearance Bonds. Only a corporate surety may charge a fee for an appearance bond. Local Rules |Northern District of Indiana Page | 90 Criminal Rule 47-1 N.D. Ind.

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R. 47-1 Continuances (a) Grounds.

A motion to continue will be granted only if the moving party demonstrates that: (1) (2) the ends of justice served by a continuance outweigh the defendant’s and the public’s interests to a speedy trial as provided by the Speedy Trial Act; or the continuance will not violate the Speedy Trial Act’s deadlines for some other reason. (b) Proposed Entry Required. The moving party must submit with the motion a proposed entry with findings about the applicable ends of justice or any other reason the continuance will not violate the Speedy Trial Act. Local Rules |Northern District of Indiana Page | 91 Criminal Rule 47-2 N.D. Ind.

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R. 47-2 Briefing Deadlines A party who files a petition under 28 U.S.C. § 2254 or a motion under 28 U.S.C. § 2255 must file any reply brief within 28 days after the answer brief is served. Local Rules |Northern District of Indiana Page | 92 Criminal Rule 47-3 N.D. Ind.

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R 47-3 Special Notice Requirements in 28 U.S.C. § 2254 Death Penalty Habeas Corpus Cases (a) (b) Applicability. This rule applies to 28 U.S.C. § 2254 death-penalty habeas corpus cases. Required Notices. The clerk must notify those entitled to notice when: (1) (2) (3) (4) the case is opened; a stay of execution is granted or denied; a final order is issued; or a notice of appeal is filed.

(c) Entitlement to Notice. The following are entitled to notice: (1) (2) (3) (4) the respondent; the Indiana Attorney General; the Indiana Supreme Court; and the Seventh Circuit. (d) How to Give Notice. The Clerk will coordinate how to notify those entitled to notice.

Local Rules |Northern District of Indiana Page | 93 Criminal Rule 53-1 N.D. Ind.

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R. 53-1 Special Orders (a) Orders to Preserve Decorum and Maintain Integrity. The court may, on its own motion or a party’s motion, issue special orders to preserve decorum and maintain the integrity of trials. These special orders may regulate such matters as the court deems appropriate, including: (1) (2) extrajudicial statements by trial participants (including lawyers and their staff, parties, witnesses, and jurors) that are likely to interfere with a party’s right to a fair trial; clearing the courthouse’s entrances and hallways so that witnesses and jurors cannot mingle with or be in close proximity to reporters, photographers, parties, lawyers, and others during recesses in the trial or as the jurors enter and exit the courtroom and courthouse; (3) the seating and courtroom conduct of parties, attorneys (including their staff), spectators, and news-media representatives; (4) maintaining the confidentiality of the jurors’ names and addresses (unless a statute requires disclosure); (5) (6) (7) (8) forbidding anyone from photographing or sketching jurors within the courthouse; jury sequestration (but the identity of any party requesting sequestration must not be disclosed); forbidding jurors from reading, listening to, or watching news reports about the case; forbidding jurors from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations; and (9) insulating witnesses from news interviews during trial. (b) Preliminary Criminal Proceedings.

Ordinarily, preliminary proceedings (including preliminary examinations and hearings on pretrial motions) must be held in open court, with the public permitted to attend and observe. But the court may close preliminary proceedings if: Local Rules |Northern District of Indiana Page | 94 Criminal Rule 53-1 (1) (2) the law allows it; and the court cites for the record the specific findings that make doing so necessary. Local Rules |Northern District of Indiana Page | 95 Criminal Rule 53-2 N.D. Ind.

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R. 53-2 Release of Information (a) Applicability.

The following are subject to this rule when they are associated with a pending or imminent criminal case: (1) (2) (3) government attorneys and their staffs; defense attorneys and their law firms; and law-enforcement agencies or investigators associated with either the prosecution or defense. (b) General Prohibition on Release of Facts and Opinions. A person subject to this rule must not release, or authorize the release of, facts or opinions about the criminal case if: (1) (2) a reasonable person would expect them to be disseminated by any means of public communication; and the dissemination would pose a serious and imminent threat of interference with the fair administration of justice. (c) Presumptions of Imminent Threat or Interference.

Unless allowed under subdivision (d), the following are presumed to pose a serious and imminent threat of interference with the fair administration of justice: (1) during an investigation, statements by a government lawyer or law-enforcement agent that go beyond the public record; (2) during preliminary criminal proceedings, out-of-court statements about: (A) (B) (C) (D) the accused’s character, reputation, or prior criminal record (including arrests, indictments, or other criminal charges); the existence or contents of a confession, admission, or statement given by the accused; the fact that the accused has refused or failed to make a statement; the accused’s performance on any examinations or tests; Local Rules |Northern District of Indiana Page | 96 Criminal Rule 53-2 (E) (F) (G) (H) the fact that the accused has refused or failed to submit to an examination or test; the identity, testimony, or credibility of prospective witnesses (but identifying the victim is permissible if it is not otherwise legally prohibited); the possibility of a guilty plea to either the charged offense or a lesser one; or any opinion concerning either the accused’s guilt or innocence or the evidence in the case; or (3) during trial, out-of-court statements or interviews about the trial or the parties or issues in the trial. (d) Permitted Statements. (1) During Investigation. During an investigation, government lawyers or law- enforcement agents may make statements that go beyond the public record if they are necessary to: (A) inform the public: (i) (ii) that an investigation is under way; or about the investigation’s general scope; ask for public help apprehending the suspect; warn the public of any dangers involved in the investigation; or otherwise aid the investigation.

(B) (C) (D) (2) During Preliminary Criminal Proceedings. During preliminary criminal proceedings and while discharging their official or professional obligations, a person subject to this rule may: (A) announce: Local Rules |Northern District of Indiana Page | 97 Criminal Rule 53-2 (i) (ii) (iii) (iv) (v) accused’s name, age, address, occupation, and family status; that the accused has been arrested; the circumstances of the arrest (including time and place of arrest, resistance, pursuit, and use of weapons); the identity of the investigating and arresting officer or agency and the length of the investigation; that physical evidence (other than a confession, admission, or statement) has been seized (so long as the announcement is made when the seizure occurs and is limited to a description of the seized evidence); (vi) nature, substance, or text of the charge, including a brief description of the offense charged; (vii) the scheduling or result of any stage in the judicial process; or (viii) without further comment or elaboration, that the accused denies the charges and the general nature of the defense; (B) (C) request assistance in obtaining evidence; or if the accused has not been apprehended, release information that is necessary to: (i) (ii) help apprehend the accused; or warn the public of any dangers the accused may present. (3) During Trial. Persons subject to this rule may quote or refer without comment to the court’s public records in the case during trial.

(e) Definitions. (1) Preliminary Criminal Proceedings. For purposes of this rule, preliminary criminal proceedings: Local Rules |Northern District of Indiana Page | 98 Criminal Rule 53-2 (A) start when: (i) (ii) the accused is arrested; an arrest warrant is issued; or (iii) a complaint, information, or indictment is filed; and (B) end when: (i) (ii) the accused’s trial starts; or the proceedings are resolved without a trial. (2) Trial Defined.

For purposes of this rule, a trial includes: (A) jury selection; (B) (C) a criminal trial; and any other proceeding that could result in incarceration. (f) Limits on the Rule’s Scope. This rule does not preclude: (1) (2) (3) lawyers or law enforcement agents from replying to public charges of misconduct; legislative, administrative, or investigative bodies from holding hearings and issuing reports; or the court from promulgating more restrictive rules on the release of information about juveniles or other offenders. Local Rules |Northern District of Indiana Page | 99 Criminal Rule 58-1 N.D. Ind.

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R. 58-1 Forfeiture of Collateral in Lieu of Appearance (a) When Permitted. A person charged with a criminal offense under 18 U.S.C. § 13, may, in lieu of an appearance, post collateral with a magistrate judge and consent to forfeit that collateral. But the offense must be one for which: (1) (2) the penalty under state law is equal to, or less than, that of a misdemeanor; and an appearance is not mandatory. (b) Schedule of Offenses.

These offenses, and the collateral amounts to be posted (if applicable), must appear on a schedule available for public inspection in each of the clerk’s divisional offices. The schedule will be effective until rescinded or superseded by court order. The clerk must furnish copies of the schedule to the legal publishing houses that publish and distribute, for commercial purposes, the court’s rules. The schedule should be included in any subsequent publication containing these rules.

(c) Failure to Appear. The collateral will be forfeited if the person charged with an offense covered by this rule fails to appear before the magistrate judge. The forfeiture: (1) signifies that the offender neither: (A) (B) contests the charge; nor requests a hearing before the magistrate judge; and (2) constitutes a finding of guilt. (d) When Forfeitures Are Not Permitted.

Forfeitures are not permitted for violations involving an accident that results in personal injury. Arresting officers must treat multiple and aggravated offenses as mandatory-appearance offenses, and must direct the accused to appear for a hearing. (e) Discretion of Officers to Arrest. Nothing in this rule prohibits a law-enforcement officer from: (1) arresting a person for committing an offense (including those for which collateral may be posted and forfeited); and (2) either: Local Rules |Northern District of Indiana Page | 100 Criminal Rule 58-1 (A) (B) requiring the accused to appear before a magistrate judge, or taking that person before a magistrate judge immediately after arrest.

Local Rules |Northern District of Indiana Page | 101 Patent Rule 1-1 N.D. Ind. L.P.R. 1–1 Scope of the Patent Rules (a) (b) Applicability. These rules govern cases in which jurisdiction is based, in whole or in part, on 28 U.S.C.§ 1338. The court may depart from these rules in exceptional circumstances.

Compliance. Litigants are expected to comply with these rules. They may not circumvent them by, for example, pursuing discovery into infringement and invalidity contentions by seeking discovery responses before completion of the preliminary contentions process outlined in N.D. Ind. L.P.R. 3-1.

Local Rules |Northern District of Indiana Page | 102 Patent Rule 2-1 N.D. Ind. L.P.R. 2-1 Scheduling, Discovery, and Orders (a) (b) Scheduling Conference. The court will hold a scheduling conference within 30 days after the last answer is filed. Discovery Plan.

The parties must comply with Fed. R. Civ. P. 26(f) before the conference. Their discovery plan must address these topics: • Date/place of conference; • Counsel present/parties represented; • Case summary; • Jurisdictional questions; • Type of trial; • Discovery needed; • Electronic-information disclosures; • Stipulation regarding privilege claims/protecting trial-preparation materials; • Interrogatories; • Requests for admission; • Depositions; • Joinder of additional parties; • Amending pleadings; and • Settlement possibilities/mediation. (c) Protective Orders. The court strongly prefers jointly proposed protective orders.

They should be filed with the discovery plan. If the parties are unable to agree on a protective order, they may submit competing proposed protective orders accompanied by memoranda explaining the differences between the proposed orders and the party’s Local Rules |Northern District of Indiana Page | 103 Patent Rule 2-1 (d) (e) justification for its proposal. These memoranda may not exceed five pages. Discovery Order.

The court will issue a discovery order promptly after the 16(b) conference and rule on any protective-order requests. Confidential Disclosures. Before a protective order is entered the parties may not delay making the disclosures these rules require—or responding to discovery—on confidentiality grounds. The producing party may designate confidential disclosures and discovery responses as “outside attorneys’ eyes only” until a protective order is entered.

Once entered, all information must be treated according to the order’s terms. Local Rules |Northern District of Indiana Page | 104 Patent Rule 3-1 N.D. Ind. L.P.R. 3-1 Preliminary Disclosures (a) (b) Preliminary Infringement Contentions. Within 28 days after the last answer is filed, a party claiming patent infringement must serve on all parties its preliminary infringement contentions.

Content. The preliminary infringement contentions must include an infringement-claim chart for each accused product or process (the accused instrumentality). If two or more accused instrumentalities have the same relevant characteristics, they may be grouped together in the same chart. Each claim chart must contain the following contentions: (1) (2) Each claim of each patent in suit that is allegedly infringed by the accused instrumentality; A specific identification of where each limitation of the claim is found within each accused instrumentality, including for each limitation that the party contends is governed by 35 U.S.C. § 112(f), the identity of the structures, acts, or materials in the accused instrumentality that performs the claimed function; and (3) Whether each limitation of each asserted claim is literally present in the accused instrumentality or present under the doctrine of equivalents.

(c) Document Production. The party asserting patent infringement must produce to each party (or make available for inspection and copying) the following documents with its preliminary infringement contentions and identify—by production number—which documents correspond to each category: (1) (2) (3) (4) Documents demonstrating each disclosure, sale (or offer to sell), or any public use, of the claimed invention before the application date for each patent in suit or the priority date (whichever is earlier); All documents that were created on or before the application date for each patent in suit or the priority date (whichever is earlier) that demonstrate each claimed invention’s conception and earliest reduction to practice; A copy of the certified Patent Office-file history for each patent in suit; and All documents demonstrating ownership of the patent rights by the party asserting infringement. Local Rules |Northern District of Indiana Page | 105 Patent Rule 3-1 (d) (e) Safe Harbor. Producing documents under this rule is not an admission that the document is – or constitutes – prior art under 35 U.S.C. § 102.

Preliminary Invalidity Contentions. Within 28 days after receiving the preliminary infringement contentions, each party opposing the patent-infringement claim must serve on all parties its preliminary invalidity contentions. These contentions must include a chart (or charts) identifying each allegedly invalid claim, and each item of prior art that anticipates or renders each claim obvious. Claim charts must contain the following contentions: (1) How and under what statutory section the item qualifies as prior art, (2) Whether the prior-art item anticipates or renders each allegedly invalid claim obvious, (3) A specific identification of where in the prior-art item each limitation of each allegedly invalid claim is found, including for each limitation alleged to be governed by 35 U.S.C. § 112(f), where the corresponding structures, acts, or materials are found in the prior-art item that performs the claimed function, and (4) Why, if obviousness is alleged, the prior art renders the allegedly invalid claims obvious, including why combining the identified items of prior art demonstrate obviousness, and explain why a person of skill in the art would find the allegedly invalid claims obvious in light of such combinations (e.g., reasons for combining references).

(5) A statement identifying with specificity any other asserted grounds of invalidity of any allegedly invalid claims, including contentions based on 35 U.S.C. §§ 101, 112, or 251. (f) Document Production. The party opposing a patent-infringement claim must produce to all parties (or make available for inspection and copying) the following documents with its preliminary invalidity contentions. The producing party must separately identify by production number which documents correspond to which category.

(1) Documents sufficient to show the operation of any aspects or elements of an accused instrumentality identified by the patent claimant in its preliminary infringement contentions charts; and Local Rules |Northern District of Indiana Page | 106 Patent Rule 3-1 (2) A copy or sample of the prior art identified under N.D. Ind. L.P.R. 3(e). If these items are not in English, an English translation of the portions relied upon must be produced. (g) Declaratory-judgment Actions.

The same disclosure process (including the same disclosure sequence) applies in declaratory-judgment actions in which the plaintiff is asserting non-infringement, invalidity, or unenforceability of the patent(s) in suit. For example, in such actions the defendant-patentee will assert preliminary infringement contentions under the schedule set out above. If infringement is not contested, the parties seeking a declaratory judgment must comply with N.D. Ind. L.P.R. 3-1(c) and 3- 1(f) within 28 days after the last answer is filed.

Local Rules |Northern District of Indiana Page | 107 Patent Rule 4-1 N.D. Ind. L.P.R. 4-1 Claim-construction Proceedings (a) Exchanging Terms. Within 14 days after receiving the preliminary invalidity contentions (or within 42 days after receiving the preliminary infringement contentions in those actions in which validity is not at issue), each party must serve on all other parties a list of claim terms that the party contends should be construed by the court (terms for construction), and identify any claim term that the party contends should be governed by 35 U.S.C. § 112(f). (b) Exchanging Preliminary Claim Constructions and Extrinsic Evidence; Parties’ Conference.

(1) Within 14 days after the proposed terms for construction are exchanged, the parties must exchange proposed constructions of each term (preliminary claim construction[s]). Each preliminary claim construction must also, for each term which any party contends is governed by 35 U.S.C. § 112(f), identify the function of that term and the structures, acts, or materials corresponding to that term’s function. (2) When the parties exchange their preliminary claim constructions, they must also identify all references from the specification or prosecution history that support its construction and designate any supporting extrinsic evidence including: (A) dictionary definitions; (B) (C) citations to learned treatises and prior art, and testimony of percipient and expert witnesses. (3) Within 14 days after the preliminary claim constructions are exchanged, the parties must meet and confer to limit the terms in dispute by narrowing or resolving differences and plan to prepare a joint claim-construction and prehearing statement.

The parties must also jointly identify no more than ten disputed terms per patent in suit, unless the court grants more for inclusion in the joint claim-construction and prehearing statement. If a dispute arises as to which terms to include in the joint claim-construction and prehearing statement, each side must be presumptively limited to five disputed terms per patent in suit. This limit may only be altered by leave of court. (c) Joint Claim-construction and Prehearing Statement.

Within 14 days after they meet Local Rules |Northern District of Indiana Page | 108 Patent Rule 4-1 and confer, the parties must complete and file a joint claim-construction and prehearing statement. This statement must address the disputed terms and contain the following information: (1) (2) (3) (4) The construction of those terms on which the parties agree; Each party’s construction of each disputed term (with the identity of all references from the specification or prosecution history that support its construction) and the identity of any extrinsic evidence known to the party on which it intends to rely either to support its construction or to oppose another party’s construction, including dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses; The anticipated length of time necessary for the claim-construction hearing; and If witnesses are to be called at the claim-construction hearing, the identity of each such witness, and for each witness, a summary of his or her testimony including, for any expert witness, a report containing the expert’s claim- construction opinions and the reasons for them. (d) Completing Claim-construction Discovery. Within 21 days after the joint claim- construction and prehearing statement is filed, the parties must complete all discovery relating to claim construction, including witness depositions.

(e) Claim-construction Briefs (1) (2) (3) (4) (5) Opening Briefs. Within 14 days after completing claim-construction discovery, the parties must file their respective opening briefs and any evidence supporting their claim constructions. Length. Opening briefs may not exceed 30 pages without leave of court.

Response Briefs. Within 21 days after receiving an opening brief, each opposing party must file any response briefs and supporting evidence. Length. Response briefs may not exceed 20 pages without leave of court.

Additional Briefs. Reply and surreply briefs are not permitted without leave of court. Local Rules |Northern District of Indiana Page | 109 Patent Rule 4-1 (f) Joint Claim-construction Chart. Within 7 days of the last-filed response brief, the parties must file a joint claim-construction chart, in the format set forth in Appendix D, containing: (1) (2) (3) a column listing each disputed claim term, with the disputed language in bold type; a column in which agreed construction of any claim language material to the dispute is explained; and separate columns for each party’s proposed construction of the disputed claim term, briefly stated, with supporting citations to the specification, prosecution history or extrinsic evidence relied upon.

(g) (h) (i) Claim-construction Hearing. When necessary to construe the claims, the court will endeavor to conduct a claim-construction hearing within 63 days after briefing is complete. Tutorial Hearings. The court may order a tutorial hearing to occur before, or during, the claim-construction hearing.

Orders. The court will work expeditiously to issue a prompt claim-construction order after the hearing. Local Rules |Northern District of Indiana Page | 110 Patent Rule 5-1 N.D. Ind. L.P.R. 5-1 Final Patent Disclosures (a) Final Infringement Contentions.

(1) (2) (3) (4) (5) Due Date. Within 28 days after the court’s claim-construction order is entered, any party asserting infringement must serve on all parties its final infringement contentions. Contents. Parties may not assert at trial any infringement contentions not set out in its final infringement contentions.

Amendments. Final infringement contentions may not identify additional accused products or processes not contained in the preliminary infringement contentions without good cause (e.g., discovery of previously undiscovered information or an unanticipated claim-construction ruling). The party asserting infringement must include a separate statement outlining the specific grounds that it claims constitute good cause for the amendment. Exclusion.

Accused infringers may seek to exclude amendments on grounds that good cause does not exist. Due Date. Motions to exclude must be filed within 14 days after receiving the final infringement contentions. (6) Failure to Object.

Unopposed amendments are deemed effective. (b) Final Invalidity Contentions. (1) (2) (3) Due Date. Within 21 days after receiving the final infringement contentions, each accused infringer must serve on all parties its final invalidity contentions.

Contents. Final invalidity contentions must include that party’s final statement of all contentions. The party may not assert at trial any invalidity contentions not contained in its final invalidity contentions. Amendments.

If the final invalidity contentions identify additional prior art, the amendment must be supported by good cause (e.g., discovery of previously undiscovered information or an unanticipated claim-construction ruling) and the accused infringer must include a separate statement providing the specific grounds establishing good cause for the amendment. Local Rules |Northern District of Indiana Page | 111 Patent Rule 5-1 (4) (5) Exclusion. The party asserting infringement may seek to exclude the amendment on grounds that good cause does not exist. Due Date.

Motions to exclude must be filed within 14 days after receiving the final invalidity contentions. (6) Failure to Object. Unopposed amendments are deemed effective. Local Rules |Northern District of Indiana Page | 112 Patent Rule 6-1 N.D. Ind.

L.P.R. 6-1 Expert Discovery (a) (b) Applicability. This rule governs expert discovery in patent cases. Exception. This rule does not apply to claim construction.

(c) Reports. (1) Opening Reports. Opening expert reports on issues the proponent will bear the burden of proof at trial are due within 28 days after receiving the final invalidity contentions or, in cases in which invalidity is not at issue, within 28 days after receiving the final infringement contentions. (2) Rebuttal Reports.

Rebuttal expert reports are due 28 days after receiving opening expert reports. (d) Depositions. Expert depositions must be completed within 35 days after receiving an expert’s rebuttal report. Local Rules |Northern District of Indiana Page | 113 Appendix A Appendix A: Sample Pre-trial Order IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION CLAUDE JONES, Plaintiff, v. WILBUR SMITH, Defendant.

CIVIL NO. 2:99-CV-798-RL PRE-TRIAL ORDER Pursuant to the order of the Court, the attorneys for the parties to this action appeared before the United States District Judge at Hammond, Indiana, at 2:00 P.M. on September 30, 2000 for a conference under Rule 16 of the Federal Rules of Civil Procedure. Plaintiff was represented by Richard Roe of the firm of Roe and Roe. Defendant was represented by John Doe of the firm of Diamond & Doe. Thereupon, the following proceedings were had and the following engagements and undertakings arrived at: A. Jurisdiction was conceded by counsel and found by the Court to be present.

(If otherwise, so state). B. The case is at issue on plaintiff’s complaint and the defendant’s answer. The First Defense denies defendant’s negligence. The Second Defense alleges comparative fault on Local Rules |Northern District of Indiana Page | 114 Appendix A the part of the driver of plaintiff’s car.

The plaintiff and driver were engaged in a joint enterprise, and the driver’s negligence is imputed to the plaintiff.

C. D. There are no pending motions.

The plaintiff contends that on June 1, 1998, he was riding in the front seat of a 1997 Ford automobile which was being driven in a northerly direction on U.S. Highway No. 31 approaching the intersection of Pierce Road, a county road in St. Joseph County, Indiana. The defendant was driving a Chevrolet convertible west on Pierce Road. The defendant negligently operated his automobile in the following manner: (1) He failed to stop for a stop sign before entering the intersection, (2) he failed to keep a proper lookout for vehicles traveling on U.S. Highway No. 31, and (3) he failed to yield the right-of-way to the vehicle in which plaintiff was riding. The plaintiff further contends that as a result of defendant’s negligence, his car collided with the car in which plaintiff was riding, causing plaintiff to be injured permanently.

Plaintiff lost wages and income as a result of his injuries in the amount of $32,000 and will suffer loss of income in the future. He was required to expend $39,455 for medical and hospital care and will be required to expend further sums in the future. Plaintiff sustained property damage of $8,500 to his automobile. E. The defendant contends that he was not negligent in the operation of his automobile as contended by the plaintiff and further contends that the driver of the car in which the plaintiff was riding was negligent in that (1) he drove at a fast and unreasonable rate of speed, to-wit: 80 miles per hour, and (2) he failed to yield the right-of-way to the defendant, who was in the intersection and almost clear of the northbound lanes when struck in the left Local Rules |Northern District of Indiana Page | 115 Appendix A rear by the plaintiff’s driver.

Defendant also contends that the plaintiff and the driver of the car in which he was riding were engaged in a joint enterprise in that they had jointly rented the car in which plaintiff was riding to go on a business trip for the mutual benefit of both and had shared the driving and expense incident to the trip. F. The following facts are established by admissions in the pleadings or by stipulation of counsel: 1. A collision occurred between the car of the defendant and the car driven by William Jones, with whom plaintiff was riding, at the intersection of U.S. 31 and Pierce Road in St. Joseph County, Indiana, on June 1, 1998, at approximately 4:00 P.M. 2. U.S. 31 is a paved, four-lane, north-to-south highway divided by a median curb approximately four inches high and three feet wide.

Pierce Road is a two-land, paved, east-and-west highway, paved with black top. A stop sign, legally erected, was located at the northwest corner of the intersection facing westbound traffic on Pierce Road. Both roads are level for at least 500 feet in both directions, and there are no obstructions to view within 500 feet of the intersection. 3.

4. The pavement was dry and the weather was clear and warm. Plaintiff was traveling north in the northbound lanes of U.S. 31. Defendant was traveling west in the westbound lane of Pierce Road.

5. The defendant was alone in his Chevrolet automobile. The Local Rules |Northern District of Indiana Page | 116 Appendix A plaintiff was riding in a rented car being driven by his brother, William Jones, who died as a result of injuries received in the collision. The plaintiff and his brother William had gone from South Bend to Plymouth to negotiate for the joint purchase of a grocery store.

The plaintiff had driven from South Bend to Plymouth, and William was driving on the return trip. They were sharing the cost of renting the car and any other expenses of the trip.

G. The contested issues of fact are: 1.

The negligence of the defendant which was a proximate cause of the collision. 2. The negligence of William Jones which was a proximate cause of the collision. 3.

Whether plaintiff and his brother were engaged in a joint enterprise, and, if so, is the negligence, if any, of the driver William imputed to the plaintiff. 4. Extent of plaintiff’s damages. H. A contested issues of law not implicit in the foregoing issue of fact will be: 1.

Whether the common-law doctrine of imputed negligence between members of a joint enterprise survived the adoption of Indiana’s Comparative Fault Act, I.C. §§ 34-51-2-1 et seq. 2. The admissibility of expert testimony attempting to reconstruct the manner in which the accident occurred. In that regard, it is represented that the Local Rules |Northern District of Indiana Page | 117 plaintiff has a complete loss of memory concerning the manner in which the accident Appendix A occurred and the only living eyewitness is the defendant.

I. There were received in evidence: 1.

Plaintiff’s exhibits 1, 2, 3, 4, and 5, the same being pictures of the scene taken by State Policeman John Williams; 7 and 8, being pictures of the intersection taken by Commercial Photographer Sam Bigley; 9, Memorial Hospital bill; 10, Dr. Willard Raymond’s bill; 11, bill from Medical Appliance Company for back brace; 12, plaintiff’s hospital record compiled by Memorial Hospital; 13, Dr. Max Small’s bill. 2. Defendant’s exhibits A, an engineer’s drawing of the intersection; and B, photograph of defendant’s car. 3.

Except as otherwise indicated, the authenticity of received exhibits has been stipulated, but they have been received subject to objections, if any, by the opposing part at the trial as to their relevance and materiality. If other exhibits are to be offered, they may be done so only with leave of court. Exhibits which can be obtained only by a subpoena duces tecum shall not be covered by this requirement, but counsel for party offering such exhibits shall advise opposing counsel of the nature of such exhibits at the pretrial conference or at least ten (10) days prior to trial.

J. Witnesses: 1.

Plaintiff’s witnesses may include any or all of the following: Local Rules |Northern District of Indiana Page | 118 Appendix A a. b. The plaintiff. Dr. Willard Raymond, Room 304 Medical Arts Building, South Bend, Indiana, attending physician. c. Dr. Max Small, 923 Sherland Building, South Bend, Indiana, consultant. d. John Williams, state policeman who investigated the accident. e. Dr. George Bundage, 1069 High Street, Evanston, Illinois, expert who will reconstruct the accident. f. Mrs. Claude Jones, wife of plaintiff, who will testify as to plaintiff’s condition before and following the accident. 2. Defendant’s witnesses may include any or all of the following persons: a. b. c. The defendant.

John Williams, state policeman. Alex Nagy, 124 West Indiana Avenue, South Bend, Indiana, deputy sheriff, St. Joseph County, who investigated the accident. d. Bill Hill, 29694 U.S. 31 South, South Bend, Indiana, a neighbor who came to the scene of the accident. e. Bert McClellan, engineer who made the drawing of Local Rules |Northern District of Indiana Page | 119 Appendix A the intersection. f. Dr. James Hyde, examining physician. 3. In the event there are other witnesses to be called at the trial, their names and addresses and the general subject matter of their testimony will be reported to opposing counsel, with copy to the Court, at least ten (10) days prior to trial.

Such witnesses may be called at trial only upon leave of Court. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial. K. It is directed that requests for special instructions must be submitted to the Court, in writing and on a computer disk (or in another electronic format), with supporting authorities, at or prior to the commencement of the trial, subject to the right of counsel to supplement such requests during the course of the trial on matters that cannot reasonably be anticipated.

L. No amendments to the pleadings are anticipated.

M. Trial briefs shall be filed with the Court and exchanged among counsel at least seven (7) days before trial, covering specifically: 1. 2. Questions raised under Section H of this order. Whether under the facts the negligence, if any, of William Jones should be imputed to the plaintiff.

N. The following additional matters pertinent to the trial will be considered. 1. Plaintiff will request the Court to instruct the jury that a violation Local Rules |Northern District of Indiana Page | 120 Appendix A of I.C. § 9-21-8-32 constitutes negligence per se. 2.

Defendant will request the Court to instruct the jury that a violation of I.C. § 9-21-8-31 constitutes negligence per se. 3. Plaintiff contends that as a result of the accident, he suffered a skull fracture and concussion resulting in partial loss of memory, headaches, and occasional blackouts; that he suffered a broken left leg about the knee resulting in a shortening of the leg, causing plaintiff to limp; injury to the lumbar spine, with a probable ruptured intervertebral disc which will require an operation; permanent pain in the spine radiating down the right leg; that he has suffered permanent impairment of 15% of the whole man; that he is 36 years of age and has a life expectancy of 34.76 years. 4.

Plaintiff claims the following special damages: a. b. c. d. e. Dr. Willard Raymond Dr. Max Small Memorial Hospital Medical Appliance Co. (back brace) Cost of future back operation: Surgeon’s Hospital bill $ 7,500 $ 1,500 $17,680 $ 275 $ 5,000 $ 7,500 5. Plaintiff claims he lost income as follows: Fifteen months as manager of the A.B.C. Supermarket located at 1764 Portage Street, South Bend, at $2,000 per month. Time lost began June 1, 1998 , with the plaintiff returning for light work August 1, 1999 . Plaintiff has lost four Local Rules |Northern District of Indiana Page | 121 Appendix A weeks since returning to work on August 1, 1999 (one week in September 1999 and three weeks in November 1999 ) due to his back condition.

It is expected that he will lose three or four more weeks due to his future operation to repair back injury. Plaintiff’s supervisor is Paul Dill, District Manager, A.B.C. Grocery Co., 1764 Portage Street, South Bend, Indiana. O. This pre-trial order has been formulated after conference at which counsel for the respective parties have appeared. Reasonable opportunity has been afforded counsel for corrections or additions prior to signing by the Court.

Hereafter, this order will control the course of the trial and may not be amended except by consent of the parties and the Court or by order of the Court to prevent manifest injustice. The pleadings will be deemed merged herein. P. The parties have discussed settlement, but have been unable to reach agreement. They will continue to negotiate and will advise the Court immediately if settlement is reached.

Q. The probable length of trial is two days.

The case is set down for trial before a jury on November 5, 2000 at 9:30 A.M. Entered this 15th day of October, 2000. Judge, United States District Court APPROVED: Local Rules |Northern District of Indiana Page | 122 Appendix A Richard Roe, Attorney for Plaintiff APPROVED: John Doe, Attorney for Defendant Local Rules |Northern District of Indiana Page | 123 Appendix B Appendix B: Standards for Professional Conduct Within The Seventh Federal Judicial Circuit Preamble A lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms. In fulfilling our duty to represent a client vigorously as lawyers, we will be mindful of our obligations to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner. A judge's conduct should be characterized at all times by courtesy and patience toward all participants.

As judges we owe to all participants in a legal proceeding respect, diligence, punctuality, and protection against unjust and improper criticism or attack. Conduct that may be characterized as uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently. Such conduct tends to delay and often to deny justice. The following standards are designed to encourage us, judges and lawyers, to meet our obligations to each other, to litigants and to the system of justice, and thereby achieve the twin goals of civility and professionalism, both of which are hallmarks of a learned profession dedicated to public service.

We expect judges and lawyers will make a mutual and firm commitment to these standards. Voluntary adherence is expected as part of a commitment by all participants to improve the administration of justice throughout this Circuit. These standards shall not be used as a basis for litigation or for sanctions or penalties. Nothing in these standards supersedes or detracts from exiting disciplinary codes or alters existing standards of conduct against which lawyer negligence may be determined.

These standards should be reviewed and followed by all judges and lawyers participating in any proceeding in this Circuit. Copies may be made available to clients to reinforce our obligation to maintain and foster these standards. Local Rules |Northern District of Indiana Page | 124 Appendix B Lawyers' Duties to Other Counsel We will practice our profession with a continuing awareness that our role is to advance 1. the legitimate interests of our clients. In our dealings with others we will not reflect the ill feelings of our clients.

We will treat all other counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications. We will not, even when called upon by a client to do so, abuse or indulge in offensive 2. conduct directed to other counsel, parties, or witnesses. We will abstain from disparaging personal remarks or acrimony toward other counsel, parties, or witnesses. We will treat adverse witnesses and parties with fair consideration.

We will not encourage or knowingly authorize any person under our control to engage 3. in conduct that would be improper if we were to engage in such conduct. We will not, absent good cause, attribute bad motives or improper conduct to other 4. counsel or bring the profession into disrepute by unfounded accusations of impropriety. We will not seek court sanctions without first conducting a reasonable investigation and 5. unless fully justified by the circumstances and necessary to protect our client's lawful interests. We will adhere to all express promises and to agreements with other counsel, whether 6. oral or in writing, and will adhere in good faith to all agreements implied by the circumstances or local customs.

When we reach an oral understanding on a proposed agreement or a stipulation and 7. decide to commit it to writing, the drafter will endeavor in good faith to state the oral understanding accurately and completely. The drafter will provide the opportunity for review of the writing to other counsel. As drafts are exchanged between or among counsel, changes from prior drafts will be identified in the draft or otherwise explicitly brought to the attention of other counsel. We will not include in a draft matters to which there has been no agreement without explicitly advising other counsel in writing of the addition.

8. We will endeavor to confer early with other counsel to assess settlement possibilities. We will not falsely hold out the possibility of settlement as a means to adjourn discovery or to delay trial. In civil actions, we will stipulate to relevant matters if they are undisputed and if no 9. good faith advocacy basis exists for not stipulating.

10. We will not use any form of discovery or discovery scheduling as a means of Local Rules |Northern District of Indiana Page | 125 Appendix B harassment. 11. We will make good faith efforts to resolve by agreement our objections to matters contained in pleadings and discovery requests and objections.

12. We will not time the filing or service of motions or pleadings in any way that unfairly limits another party's opportunity to respond. 13. We will not request an extension of time solely for the purpose of unjustified delay or to obtain a tactical advantage.

14. We will consult other counsel regarding scheduling matters in a good faith effort to avoid scheduling conflicts. 15. We will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel.

If we have been given an accommodation because of a calendar conflict, we will notify those who have accommodated us as soon as the conflict has been removed. 16. We will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are to be canceled or postponed. Early notice avoids unnecessary travel and expense of counsel and may enable the court to use the previously reserved time for other matters.

17. We will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided our clients' legitimate rights will not be materially or adversely affected. 18. We will not cause any default or dismissal to be entered without first notifying opposing counsel, when we know his or her identity.

19. We will take depositions only when actually needed to ascertain facts or information or to perpetuate testimony. We will not take depositions for the purposes of harassment or to increase litigation expenses. 20.

We will not engage in any conduct during a deposition that would not be appropriate in the presence of a judge. 21. We will not obstruct questioning during a deposition or object to deposition questions unless necessary under the applicable rules to preserve an objection or privilege for resolution Local Rules |Northern District of Indiana Page | 126 Appendix B by the court. During depositions we will ask only those questions we reasonably believe are 22. necessary for the prosecution or defense of an action.

23. We will carefully craft document production requests so they are limited to those documents we reasonably believe are necessary for the prosecution or defense of any action. We will not design production requests to place an undue burden or expense on a party. 24.

We will respond to document requests reasonably and not strain to interpret the request in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. We will not produce documents in a manner designed to hide or obscure the existence of particular documents. 25. We will carefully craft interrogatories so they are limited to those matters we reasonably believe are necessary for the prosecution or defense of an action, and we will not design them to place an undue burden or expense on a party.

26. We will respond to interrogatories reasonably and will not strain to interpret them in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information. 27. We will base our discovery objections on a good faith belief in their merit and will not object solely for the purpose of withholding or delaying the disclosure of relevant information.

28. When a draft order is to be prepared by counsel to reflect a court ruling, we will draft an order that accurately and completely reflects the court's ruling. We will promptly prepare and submit a proposed order to other counsel and attempt to reconcile any differences before the draft order is presented to the court. 29.

We will not ascribe a position to another counsel that counsel has not taken or otherwise seek to create an unjustified inference based on counsel's statements or conduct. Unless specifically permitted or invited by the court, we will not send copies of 30. correspondence between counsel to the court. Local Rules |Northern District of Indiana Page | 127 Appendix B Lawyers' Duties to the Court 1. We will speak and write civilly and respectfully in all communications with the court.

We will be punctual and prepared for all court appearances so that all hearings, 2. conferences, and trials may commence on time; if delayed, we will notify the court and counsel, if possible. We will be considerate of the time constraints and pressures on the court and court 3. staff inherent in their efforts to administer justice. We will not engage in any conduct that brings disorder or disruption to the courtroom. 4.

We will advise our clients and witnesses appearing in court of the proper conduct expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption. We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or 5. authorities in any oral or written communication to the court. We will not write letters to the court in connection with a pending action, unless invited 6. or permitted by the court. Before dates for hearings or trials are set, or if that is not feasible, immediately after 7. such date has been set, we will attempt to verify the availability of necessary participants and witnesses so we can promptly notify the court of any likely problems.

We will act and speak civilly to court marshals, clerks, court reporters, secretaries, and 8. law clerks with an awareness that they, too, are in integral part of the judicial system. Local Rules |Northern District of Indiana Page | 128 Appendix B Courts' Duties to Lawyers We will be courteous, respectful, and civil to lawyers, parties, and witnesses. We will 1. maintain control of the proceedings, recognizing that judges have both the obligation and the authority to insure that all litigation proceedings are conducted in a civil manner. We will not employ hostile, demeaning, or humiliating words in opinions or in written 2. or oral communications with lawyers, parties, or witnesses.

We will be punctual in convening all hearings, meetings, and conferences; if delayed, 3. we will notify counsel, if possible. In scheduling all hearings, meetings and conferences we will be considerate of time 4. schedules of lawyers, parties, and witnesses. We will make all reasonable efforts to decide promptly all matters presented to us for 5. decision. We will give the issues in controversy deliberate, impartial, and studied analysis and 6. consideration.

While endeavoring to resolve disputes efficiently, we will be considerate of the time 7. constraints and pressures imposed on lawyers by the exigencies of litigation practice. 8. We recognize that a lawyer has a right and a duty to present a cause fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, we will allow lawyers to present proper arguments and to make a complete and accurate record.

We will not impugn the integrity or professionalism of any lawyer on the basis of the 9. clients whom or the causes which a lawyer represents. 10. We will do our best to insure that court personnel act civilly toward lawyers, parties, and witnesses. 11.

We will not adopt procedures that needlessly increase litigation expense. 12. We will bring to lawyers' attention uncivil conduct which we observe. Local Rules |Northern District of Indiana Page | 129 Appendix C Appendix C: Notice to Pro Se Litigant (This form may be downloaded from the Northern District of Indiana’s internet website at www.innd.uscourts.gov) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA DIVISION Plaintiff v. , , Defendant Case No. NOTICE OF SUMMARY-JUDGMENT MOTION A summary-judgment motion has been filed against you.

Attached is a copy of the motion. It asks the court to decide all or part of your case without a trial. It says that there should not be a full trial because you cannot win some or all of your claims. It asks the court to enter judgment against you.

The party that filed the motion will win if the facts show that party is entitled to judgment. If you do not agree with the facts in the motion, you must submit affidavits or other evidence to dispute those facts. Copies of Rule 56 and Local Rule 56-1 are also attached. You should carefully read—and follow—all the rules.

The outcome of this case may depend on it. Following the rules does not guarantee that the summary-judgment motion will be denied. But if you do not follow the Local Rules |Northern District of Indiana Page | 130 Appendix C rules, you may lose this case. Before the court rules on the motion, you have the right to file a response.

If you do not respond to the summary-judgment motion, you may lose this case. If you need more time to respond, you must file a motion asking for more time before the deadline expires. The court may—but is not required to—give you more time. Fed. Rule Civ. Proc. 56.

Summary Judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense--on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

(b) Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. (c) Procedures. (1) Supporting Factual Positions.

A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) (B) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented Local Rules |Northern District of Indiana Page | 131 Appendix C in a form that would be admissible in evidence. (3) Materials Not Cited.

The court need consider only the cited materials, but it may consider other materials in the record. (4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. (d) When Facts Are Unavailable to the Nonmovant.

If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. (e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials--including the facts considered undisputed--show that the movant is entitled to it; or (4) issue any other appropriate order. (f) Judgment Independent of the Motion.

After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant; (2) grant the motion on grounds not raised by a party; or Local Rules |Northern District of Indiana Page | 132 Appendix C (g) (h) (3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute. Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact--including an item of damages or other relief--that is not genuinely in dispute and treating the fact as established in the case. Affidavit or Declaration Submitted in Bad Faith.

If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court--after notice and a reasonable time to respond--may order the submitting party to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions. (a) Moving Party’s Obligations. A party moving for summary judgment must separately N.D. Ind.

L.R. 56-1 file: (1) (2) (3) a motion; a supporting brief; a Statement of Material Facts with numbered paragraphs for each material fact the moving party contends is undisputed which includes: (A) (B) a short statement of each fact; and a citation to evidence supporting each fact; and (4) the Notice in Appendix C, if an opposing party is unrepresented. (b) Opposing Party’s Obligations. A party opposing the motion must, within twenty-eight days after the moving party served the motion, separately file: (1) A response brief; and (2) a Response to Statement of Material Facts which includes: Local Rules |Northern District of Indiana Page | 133 Appendix C (A) (B) (C) (D) a verbatim restatement of the Statement of Material Facts; a correspondingly numbered response immediately following each paragraph of the Statement of Material Facts; a citation to evidence supporting each dispute of fact; and additional facts in a section titled Additional Material Facts with numbered paragraphs continuing the sequential numbering of the Statement of Material Facts for each additional material fact the opposing party contends is undisputed which includes: (i) a short statement of each fact; and (ii) a citation to evidence supporting each fact. (3) In cases where any party is unrepresented, the opposing party is not required to restate verbatim the Statement of Material Facts.

(c) Reply. The moving party may, within fourteen days after a response is served, separately file: (1) (2) A reply brief; and A Reply to Statement of Additional Material Facts which includes: (A) (B) a verbatim restatement of the Statement of Additional Material Facts; a correspondingly numbered response immediately following each paragraph of the Statement of Additional Material Facts; and (C) a citation to evidence supporting each dispute of additional fact. (3) In cases where any party is unrepresented, the moving party is not required to restate verbatim the Statement of Additional Material Facts. (d) (e) Additional Briefs.

Additional briefs must not be filed without leave of court. Citations to the Record. The court may find a fact is not supported if the citation does not include a page or paragraph number to evidence in the record which can be presented in an admissible form unless the court may take judicial notice of the fact. Local Rules |Northern District of Indiana Page | 134 Appendix C (f) (g) Disputes About Evidence.

Disputes about the admissibility or materiality of evidence must be raised in the parties’ briefs. A separate motion to strike must not be filed. Oral Argument. The court will decide summary-judgment motions without oral argument unless a request under L.R. 7-5 is granted or the court directs otherwise.

Certificate of Service On _ _, 20 _, I served a copy of this notice via U.S. mail on , a pro se party at . _ [Attorney] Local Rules |Northern District of Indiana Page | 135 Appendix D: Joint Claim-Construction Chart Appendix D PATENT CLAIM CONTAINING DISPUTED LANGUAGE ANY AGREED PROPOSED CONSTRUCTION PLAINTIFF’S PROPOSED CONSTRUCTION OF DISPUTED TERM DEFENDANT’S PROPOSED CONSTRUCTION OF DISPUTED TERM 1. Claim language as it appears in the patent with terms and phrases to be construed in bold. 2. Claim language as it appears in the patent with terms and phrases to be construed in bold.

Proposed agreed construction, if any, of any claim language material to the dispute. Plaintiff’s proposed construction of the disputed claim language. Defendant’s proposed construction of the disputed claim language. Supporting citations to the specification, prosecution history or extrinsic evidence.

Supporting citations to the specification, prosecution history or extrinsic evidence. Proposed agreed construction, if any, of any claim language material to the dispute. Plaintiff’s proposed construction of the disputed claim language. Defendant’s proposed construction of the disputed claim language.

Supporting citations to the specification, prosecution history or extrinsic evidence. Supporting citations to the specification, prosecution history or extrinsic evidence. Local Rules |Northern District of Indiana Page | 136