Exchange of Preliminary Claim Constructions and Extrinsic Evidence

(a) (b) Not later than 21 days after the exchange of the lists pursuant to Patent L.R. 4.1, the parties must simultaneously exchange proposed constructions of each term identified by either party for claim construction. Each such “Preliminary Claim Construction” must also, for each term that 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 term’s function. At the same time the parties exchange their respective “Preliminary Claim Construction,” each party must also identify all references from the specification or prosecution history that support its proposed construction and designate any supporting extrinsic evidence including, without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. Extrinsic evidence must be identified by production number or by producing a copy if not previously produced.

With respect to any supporting witness, percipient or expert, the identifying party must also provide an affidavit containing the witness’s proposed testimony including, for any expert, the items listed in Fed. R. Civ. P. 26(a)(2)(B)(i)-(iii). (c) The parties must thereafter meet and confer for the purposes of narrowing the issues and finalizing preparation of a Joint Claim Construction Statement.