Initial Case Management Conference
U.S. District Court for the Western District of New York
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(a) At least twenty-one (21) days prior to the scheduled Case Management Conference (“CMC”) pursuant to Fed. R. Civ. P. 16, the parties must confer, in person or by telephone, pursuant to Fed. R. Civ. P. 26(f) to formulate a Case Management Plan and to address the following topics: (1) Proposed modification of the obligations or deadlines set forth in these local patent rules to ensure that they are suitable for the circumstances of the particular case (see Loc. Pat. R. 1.3), including the scope and timing of any claim construction discovery, including disclosure of and discovery from any expert witness permitted by the Court; (2) The format of the claim construction hearing, including whether the parties wish the Court to hear live testimony, the order of presentation, and the estimated length of the hearing; (3) How the parties intend to educate the Court with respect to the patent(s) at issue; (4) The need for alteration of the standard confidentiality order to supersede that which would otherwise be entered by the court pursuant to Loc. Pat.
R. 2.2; (5) The timing and scope of mandatory disclosures required pursuant to Fed. R. Civ. P. 26(a)(1). Among the disclosures which ordinarily must be made pursuant to Rule 26(a)(1) in cases covered by these rules is information and documentation regarding proof of patent ownership or standing to assert patent infringement claims; and (6) Whether the Court should issue the “Model Order Regarding E-Discovery in Patent Cases” in a particular action. The presumption is that the Court will issue such an Order, which may be modified in the Court’s discretion or by agreement of the Parties. The Model Order Regarding E-Discovery in Patent Cases is attached to these rules as Appendix B. (b) Not later than seven (7) days prior to the scheduled CMC the parties shall jointly file a proposed Case Management Plan addressing the various issues identified above and included in Fed. R. Civ. P. 26, based upon the parties’ discussions during their Rule 26(f) meeting.