Claim Construction Submissions

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

Rule Set: Local Rules of the U.S. District Court for the Western District of New York

Rule: 4.6

Jurisdiction: WDNY

Bluebook Citation: W.D.N.Y. L.R. 4.6

Not later than forty-two (42) days after filing the Joint Claim Construction and Prehearing Statement, the patentee shall file and serve its opening Markman submission (not to exceed (a) -11- 30 pages) and any evidence supporting claim construction, including experts’ certifications or declarations (“Opening Markman Submission”). (b) Not later than twenty-eight (28) days after the filing of the Opening Markman Submission, the accused infringer shall file and serve Responding Markman Submission (not to exceed 30 pages) and any evidence supporting claim construction, including any responding experts’ certifications or declarations. (c) Not later than fourteen (14) days after the filing of the accused infringer’s Responding Markman Submission, the patentee shall file and serve its Reply Markman Brief (not to exceed 15 pages). (d) Not later than fourteen (14) days after the filing of the patentee’s Reply brief, the accused infringer shall file and serve its Surreply Markman Brief (not to exceed 15 pages).

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