Claim Construction Hearing

If the court chooses to conduct a claim construction hearing, subject to the convenience of the court’s calendar, and unless the court orders otherwise, the court will generally conduct any Claim Construction Hearing within 28 days following submission of the reply brief specified in D. Kan. Pat. Rule 4.5(c). If the court chooses to conduct a Claim Construction Hearing, the parties must jointly file a “Final Claim Construction Chart” at least 7 days before the hearing.

(a) (b) (c) The chart must include a column listing complete language of disputed claims with disputed terms in bold type and separate columns for each party’s proposed construction of each disputed term. The chart must also include a column entitled “Court’s Construction” and otherwise left blank. Additionally, the chart must also direct the court’s attention to the patent and claim number(s) where the disputed term(s) appear(s). The chart may include constructions for claim terms to which the parties have agreed.

If the parties choose to include agreed constructions, each party’s proposed construction column must state “[AGREED]” and the agreed construction must be inserted in the “Court’s Construction” column. The purpose of the Final Claim Construction Chart is to assist the court and the parties in tracking and resolving disputed terms. Accordingly, aside from the requirements set forth in this rule, the parties are afforded substantial latitude in the chart’s format so that they may fashion a chart that most clearly and efficiently outlines the disputed terms and proposed constructions.