Claim Construction Briefing

U.S. District Court for the Southern District of New York

Rule Set: Local Patent Rules of the United States District Court for the Southern District of New York

Rule: 12

Jurisdiction: SDNY

Bluebook Citation: S.D.N.Y. L. Pat. R. 12

All Rules: S.D.N.Y. Local Patent Rules, complete index


Text

Unless otherwise specified by the court: (a) Not later than 30 days after filing of the Joint Disputed Claim Terms Chart under Local Patent Rule 11, the party asserting infringement, or the party asserting invalidity if there is no infringement issue present in the case, must serve and file an opening claim construction brief and all supporting evidence and testimony. (b) Not later than 30 days after service of the opening claim construction brief, the opposing party must serve and file a response to the opening claim construction brief and all supporting evidence and testimony. 3 (c) Not later than seven days after service of the response, the opening party may serve and file a reply solely rebutting the opposing party’s response. Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026 4 LOCAL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE SOUTHERN AND EASTERN DISTRICTS OF NEW YORK

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