Governing Procedure

(a) Notice of Pendency of Other Action or Proceedings Involving Same Patent or Related Patent. (1) (2) A party that knows or learns that actions concerning the same patent or a related patent have been filed within two years of each other must promptly file in each case a “Notice of Pendency of Other Action Involving Same Patent or Related Patent.” A party that knows or learns of the filing of any request for any post-grant proceeding (e.g., inter partes review, covered business method patent review, post-grant review, reexamination, etc.) regarding the same patent or a related patent must promptly file a “Notice of Pendency of Post-Grant Proceeding.” A party that knows or learns of any institution decision or final decision in any post-grant proceeding regarding the same patent or a related patent must promptly file a “Status Update of Post-Grant Proceeding.” A “related patent” includes: (i) any patent that, in whole or in part, claims priority to, or the benefit of the filing date of, any patent-in-suit, including any child, continuation, continuation-in-part, continuing prosecution, divisional, reissue, reexamination, substitution, or extension thereof, (ii) any patent from which any patent-in-suit claims the benefit of priority or otherwise claims the benefit of the filing date thereof, including any and all parent patents of any patent-in-suit, and (iii) any patent that claims the benefit of priority or otherwise claims the benefit of the filing date of any patent described in (ii). (b) Rule 16 Scheduling Conference. One week before the Rule 16 Scheduling Conference, the parties must submit a summary of their Rule 26(f) conference to the court.

When the parties confer pursuant to Fed. R. Civ. P. 26(f), the parties must discuss the matters set out in Fed. R. Civ. P. 16(c)(2)(A)-(P), Fed. R. Civ. P. 26(f)(3)(A)-(F), and the following: (1) (2) (3) Any proposed modifications to the obligations or deadlines set forth in these Patent Local Rules to ensure that these Patent Local Rules are suitable for the circumstances of the particular case. To the extent a party proposes a modification, the party must submit a concise explanation for the modification; Any case dispositive or settlement-driving issues; Any proposed limits on the number of asserted claims and prior art references or a timeframe for reaching a decision on asserted claims and prior art references; 2 (4) (5) (6) The scope and timing of any claim construction discovery including disclosure of and discovery from any expert witness permitted by the court; How the parties intend to educate the court on the technology at issue; and If the filings or actions in a patent case do not trigger the application of these Patent Local Rules under the terms set forth herein, the parties must discuss the application of these Patent Local Rules to the case.