PATENT CASE SCHEDULING ORDER
ORDER
At Wilmington this        day of                  , 20  , the parties having satisfied their obligations under Fed. R. Civ. P. 26 as described in the court’s order for a scheduling conference; and the court having conducted its case management conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.1(a) and (b);
IT IS ORDERED that:
1.  Fact Discovery.
(a)  All fact discovery shall be commenced in time to be completed by [date]
(b)  Management.  Consistent with this order and the court’s order for a scheduling conference, all discovery disputes, and the overall management of discovery, are referred to a Magistrate Judge, pursuant to 28 U.S.C. § 636.
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(c)  Initial Disclosures.Absent agreement among the parties:
(1)  The parties shall exchange the following information identified at the Rule 26(f) conference by [date]:  [describe]
(2)  On or before [date], plaintiff shall identify the accused
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product(s) and its damages model, as well as the asserted patent(s) the accused product(s) allegedly infringe(s).  Plaintiff shall produce the file history for each asserted
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The court recognizes that the initial disclosure process contemplated herein has already taken place, in large measure, through the contents of the Paragraph IV letter in ANDA cases.
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Including accused methods and systems.
patent.
(3)  On or before [date], defendant shall produce to plaintiff the core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications.  Defendant shall also produce sales figures for the accused product(s).
(4)  The Magistrate Judge shall thereafter conduct a status conference to ensure that the initial exchanges have been meaningful.
(5)  On or before [date], plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
defendant
(6)  On or before [date], defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.
(d)  Document production.
(1)    Maximum of        requests for production by each party to any other party.
(2)  Discovery of paper and electronic documents shall be completed on or before [date].
(e)  Depositions.
(1)  No deposition (other than those noticed under Fed. R. Civ. P. 30(b)(6) shall be scheduled prior to the completion of document production.
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(2)  The number of depositions (and any other issues related to depositions) shall be addressed by the Magistrate Judge no later than the completion of document production.
(f)  Written Discovery.
(1)  Maximum of          interrogatories by each party to any other party.
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(2)  Final infringement contentions shall be due on or before [date].
(3)  Final invalidity contentions shall be due on or before [date].
(4)  Maximum of        requests for admission by each party to any other party.
(g)  Supplementation.  No later than [date], the parties must finally supplement, inter alia, the identificat
ion of all accused products and of all invalidity references.
2.  Joinder of Other Parties and Amendment of Pleadings.  All motions to join other parties and/or to amend pleadings shall be filed on or before [date].
3.  Willfulness.  If willfulness has been asserted, defendant must inform plaintiff that it intends to rely on the opinion of counsel no later than [date].
4.  Settlement Conference.  Pursuant to 28 U.S.C. § 636, this matter is referred
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The adequacy of all such contentions shall be judged by the level of detail each party provides; i.e., the more detail a party provides, the more detail a party shall receive.
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to a Magistrate Judge for the purposes of exploring ADR.
5.  Claim Construction.5
(a)  The parties shall exchange lists of those claim terms in need of construction (along with their respective proposed constructions) on or before [date].
(b)  The parties shall agree upon and file a Joint Claim Construction Statement on [date].  For any contested claim limitation, each party must submit a proposed construction.6
(c)  Plaintiff shall serve and file its opening brief on claim construction on or before [date].
(d)  Defendant shall serve and file its answering claim construction brief on or before [date].
(e)  Plaintiff shall serve and file its reply brief on or before [date].
(f)  Defendant shall serve and file its surreply brief on or before [date].
(g)  The court shall conduct a hearing on claim construction on [date].7
(h)  The court shall issue its decision on claim construction on or before [date].
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The court may also refer ADR to a Special Master.
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The parties must identify, during the claim construction phase of the case, any claim language that will have a meaning to a person of ordinary skill in the art that differs from the ordinary meaning.  Any language not so identified will be construed according to its ordinary meaning.
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Resorting to “plain and ordinary” meaning is not sufficient, as it effectively leaves claim construction in the hands of the experts rather than the court.
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Unless otherwise directed, the court shall conduct its proceedings in courtroom 4B, fourth floor United States Courthouse, 844 King Street, Wilmington, Delaware.
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(i)  The court shall thereafter conduct a status conference on [date], the purpose of which is to discuss the scope of the case (vis a vis the number of patents, claims, products, prior art references, etc.) and determine whether any limits need to be imposed to focus the case prior to expert discovery.
6.  Expert Discovery.
(a)  All expert discovery shall be commenced in time to be completed by [date].
(b)  Expert reports on issues for which the parties have the burden of proof shall be served on or before [date].  Rebuttal expert reports shall be served on or before [date].  Supplemental reports (on, e.g., secondary considerations of obviousness) shall be served on or before [date].
(c)  Expert depositions are limited to a maximum of        hours, absent agreement of the parties or order of the court.
(d)  The court shall conduct an in-person status conference on [date], if the parties have any issues regarding expert discovery.  No Daubert motions or motions to strike expert testimony shall be filed unless discussed with the court at this conference and the court deems a motion practice appropriate.
7.  Fact Witnesses to be Called at Trial.  Within one (1) month following the close of expert discovery, e
ach party shall serve on the other parties a list of each fact witness (including any expert witness who is also expected to give fact testimony) who has previously been disclosed during fact discovery and that it intends to call at trial. Within one (1) month of receipt of such fact witness list, each party shall serve a list of
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