Claim Construction

Cases Involving Claims of Infringement or Invalidity (Including Hatch-Waxman Cases) RULE 805.

CLAIM CONSTRUCTION 1.

Cases Involving Claims of Infringement or Invalidity (Including Hatch- Waxman Cases) Unless otherwise ordered by the Cout, in all cases covered by L.R. 804.1 through 804.3, claim construction disclosures and briefing shall proceed as follows: a) Exchange Proposed Terms for Construction Fourteen (14) days from the service of the Initial Disclosure of Invalidity Contentions (or from the service of the Initial Disclosure of Infringement Contentions in cases arising under the Hatch-Waxman Act), each party shall simultaneously exchange a list of claim terms, phrases, or clauses which that party contends should be construed or found indefinite by the Court, and identify any claim element which that party contends should be governed by pre-AIA 35 U.S.C. § 112(6) or post-AIA 35 U.S.C. § 112(f). b) Exchange Preliminary Claim Constructions and Extrinsic Evidence i. Fourteen (14) days from the exchange of the “Proposed Terms for Construction,” the parties shall simultaneously exchange a preliminary proposed construction of each claim term, phrase, or clause which the parties collectively have identified for claim construction purposes. Each such “Preliminary Claim Construction” shall also, for each element which any party contends is governed by pre-AIA 35 U.S.C. § 112(6) or post-AIA 35 U.S.C. § 112(f), identify the structure(s), act(s), or material(s) corresponding to that element. ii. At the same time the parties exchange their respective “Preliminary Claim Constructions,” they shall each also provide a preliminary identification of extrinsic evidence, including without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses they contend support their respective claim constructions or indefiniteness positions. The parties shall identify each such item of extrinsic evidence by production number or produce a copy of any such item not previously produced.

With respect to any such witness, percipient or expert, the parties shall also provide the identity and a brief description of the substance of that witness’ proposed testimony. The parties may, but need not, exchanges supporting expert declarations at this time. iii. Within seven (7) days from the exchange of Preliminary Claim Constructions and Extrinsic Evidence the parties shall meet and confer U.S. District Court of Maryland Local Rules (December 1, 2025) 96