Fact Discovery

U.S. District Court for the Northern District of Illinois

Rule Set: Local Patent Rules of the United States District Court for the Northern District of Illinois

Rule: 1.3

Jurisdiction: NDIL

Bluebook Citation: N.D. Ill. L. Pat. R. 1.3

Fact discovery shall commence upon the date for the Initial Disclosures under LPR 2.1 and shall be completed twenty-eight (28) days after the date for exchange of claim terms and phrases under LPR 4.1. Fact discovery may resume upon entry of a claim construction ruling and shall end forty-two (42) days after entry of the claim construction ruling.

Comment

The Rule states that resumption of fact discovery upon entry of a claim construction ruling “may” occur. The Rule does not provide that discovery shall automatically resume as a matter of right. It is intended that parties seeking further discovery following the claim construction ruling shall submit a motion explaining why further discovery is necessitated by the claim construction ruling.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.