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
(LPR 2.1)

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.