Exchange of Proposed Terms for Construction
U.S. District Court for the District of Kansas
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(a) (b) Each party must exchange with each other party a list of claim terms that the party contends should be construed by the court and identify any claim term that the party contends should be governed by pre-AIA 35 U.S.C. § 112(6) or post-AIA 35 U.S.C. § 112(f). Exchange must occur not later than 14 days after service of the “Invalidity Contentions” pursuant to D. Kan. Pat. Rule 3.3.
The parties must thereafter meet and confer for the purposes of limiting the terms in dispute by narrowing and resolving differences and facilitating the ultimate preparation of a Joint Claim Construction Statement. The parties must also jointly identify the 10 terms likely to be most significant to resolving the parties’ dispute, including those terms for which construction may be case or claim dispositive.