Following up on posts analyzing the Northern District’s Local Patent Rules over the last several weeks (click here (for analysis of the Rules, here (for a comparison of the enacted Rules to the Proposed Rules) and here (arguing that the Rules will increase patent litigations in the Northern District of Illinois) for those posts and here for a copy of the Rules), I have prepared the following chart laying out the schedule contemplated by the Rules in an easy to reference format. As I promised earlier, I will begin a series of posts soon looking at each Rule or group of Rules in more detail.
Event |
Scheduled Time |
Total Time After Complaint |
Service of Complaint |
||
Answer or Other Response to Complaint |
7 weeks* |
|
Initial Disclosures of Both Parties |
2 weeks After Answer or other Responsive Pleading |
-or-
2 weeks
After plaintiff’s Answer or other Responsive Pleading regarding defendant’s Counterclaims
9-12 weeks*
Initial Document Production
(LPR 2.1(a) & (b))
The day Initial Disclosures are exchanged
9-12 weeks
Protective Order Deemed Entered
(LPR 1.4)
The day Initial Disclosures are exchanged
9-12 weeks
Initial Infringement Contentions
(LPR 2.2)
2 weeks
After Initial Disclosures
11-14 weeks
Initial Non-Infringement, Unenforceability & Invalidity Contentions
(LPR 2.3)
2 weeks
After Infringement Contentions
13-16 weeks
Document Production Accompanying Invalidity Contentions
(LPR 2.4)
Along with Initial Invalidity Contentions
13-16 weeks
Initial Response To Invalidity Contentions
(LPR 2.5)
2 weeks
After Initial Invalidity Contentions
15-18 weeks
Final Infringement, Unenforceability & Invalidity Contentions
(LPR 3.1)
21 weeks
After Initial Infringement, Unenforceability & Invalidity Contentions
34-37 weeks
Document Production Accompanying Final Invalidity Contentions**
(LPR 3.3)
Along with Final Invalidity Contentions
34-37 weeks
Final Non-Infringement, Enforceability and Validity Contentions
(LPR 3.2)
4 weeks
After Final Infringement, Unenforceability & Invalidity Contentions
38-41 weeks
Final Date to Seek Stay Pending Reexamination
(LPR 3.5)
The deadline for service of a parties’ Final Contentions
38-41 weeks
First Day Opinion of Counsel Evidence Becomes Discoverable***
(LPR 3.6(a))
5 weeks
Before fact discovery close
39-42 weeks
Document Production for Parties Relying on Opinion of Counsel Defense Due***
(LPR 3.6(b))
5 weeks
Before fact discovery close
39-42 weeks
Exchange of Claim Terms Needing Construction**
(LPR 4.1(a))
2 weeks
After Final Contentions
40-43 weeks
Deadline to Meet and Confer to Select at Most 10 Terms for Construction
(LPR 4.1(b))
1 week
After exchange of claim terms
41-44 weeks
Initial Fact Discovery Close
(LPR 1.3)
4 weeks
After Exchange of Claims Terms
44-47 weeks
Opening Claim Construction Brief
(LPR 4.2(a))
25 page limit
5 weeks
After Exchange of Claims Terms
45-48 weeks
Deadline for Filing Claim Construction Joint Appendix
(LPR 4.2(b))
Along with Opening Claim Construction Brief
45-48 weeks
Responsive Claim Construction Brief
(LPR 4.2(c))
25 page limit
4 weeks
After Plaintiffs Claim Construction Brief
49-52 weeks
Reply Claim Construction Brief
(LPR 4.2(d))
15 page limit
2 weeks
After Responsive Claim Construction Briefs
-or-
3 weeks
After Responsive Claim Construction Briefs, If the Responsive Brief offers witness testimony to support constructions
51-55 weeks
Joint Claim Construction Chart
(LPR 4.2(e))
1 week
After Reply Claim Construction Brief
52-56 weeks
Claim Construction Hearing
(LPR 4.3)
4 weeks
After Reply Claim Construction Brief
56-60 weeks
Claim Construction Ruling
Six weeks (?)
62-66 weeks
Fact Discovery Reopens
(LPR 1.3)
Six weeks
When the claim construction order issues
62-66 weeks
Fact Discovery Close After Claim Construction Ruling
(LPR 1.3)
6 weeks
After Claim Construction Ruling
68-72 weeks
Expert Reports of Parties with Burden of Proof
(LPR 5.1(b))
3 weeks
After close of discovery after the Claim Construction Ruling
71-75 weeks
Rebuttal Expert Reports
(LPR 5.1(c))
5 weeks
After Initial Expert Reports
76-80 weeks
Completion of Expert Witness Depositions
(LPR 5.2)
5 weeks
After Rebuttal Expert Reports
81-85 weeks
Final Day for Filing Dispositive Motions
(LPR 6.1)
4 weeks
After Close of Expert Discovery
85-89 weeks
Case Ready for Trial
20 weeks
After Deadline for Filing Dispositive Motions
105-109 weeks
Key Time Intervals:
To Final Infringement Contentions: 7-8 months
To Claim Construction Hearing: 13-14 months
To Summary Judgment Motions: 19-20 months
To Trial: 25-26 months
* The Answer deadlines are approximate and can be impacted by waiver of service, extensions granted by the Court and when the Complaint is served, among other factors.
** LPR 3.3 references LPR 3.2 Final Invalidity Contentions. LPR 4.1(a) sets the claim construction dates based upon "Final Invalidity Contentions pursuant to LPR 3.2." These are likely artifacts from the Proposed Local Rules. In the Proposed Local Rules, LPR 3.2 addressed Final Invalidity Contentions which were served after Final Infringement Contentions. In the Rules as issued, however, LPR 3.2 controls Final Non-Infringement, Enforceability and Validity Contentions, and LPR 3.1 addresses Final Invalidity Contentions, among others. I understand a correction is likely to be issued clearing this up in the next week or so. As a result, this chart treats the references to the Final Validity Contentions in LPR 3.3 and LPR 4.1(a) to refer to the LPR 3.1 Final Invalidity Contentions.
*** LPR 3.6 schedules the due date for opinion of counsel disclosures and production at the close of fact discovery, but does not say whether it is at the initial pre-claim construction close or the post-claim construction close. I suspect it will ultimately end up after the claim construction process, so that it need not be dealt with if the case is resolved by the claims constructions. But for the sake of safety, it is included at the earliest possible date in this chart.