Joint Claim Construction and Prehearing Statement

• Author: Kenneth L. Dorsney
• Pages: 815-818

Joint Claim Construction and Prehearing Statement

IN THE UNITED STATES DISTRICT COURT

[Name of District]

—

[DISTRICT COURT CAPTION]

JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT

[Insert Table of Contents]

INTRODUCTION

Pursuant to Paragraph 6 of the most recent Scheduling Order entered in the above-

captioned coordinated cases, Plaintiffs [Name of Plaintiffs] (collectively, “Plaintiff”) and

Defendants [Name of Defendant 3] (collectively, “Defendant 3”); [Name of Defendant]

and [Name of Defendant 4] (collectively, “Defendant”); and [Name of Defendant 4],

[Name of Defendant 5], [Name of Defendant 6] (collectively, “Defendant 2”) hereby

provide their Joint Claim Construction And Prehearing Statement.

The Court has stayed claim construction concerning U.S. Patent No. 1 (“the ’001

patent”) pending issuance of the Federal Circuit’s mandate in Appeals Nos. _____ and

_____. Therefore, this document only addresses the construction of the claims of U.S.

Patent No. 2 (“the ’002 patent”). To the extent permitted, the parties reserve their rights

to amend or supplement the constructions and intrinsic and extrinsic evidence set forth

herein.

I. Construction of Terms on Which the Parties Agree

The parties agree on the construction of the following ’002 patent claim terms:

a. “[insert agreed term] [insert agreed definition or plain and ordinary

meaning; no construction necessary]

b. etc.

II. Proposed Constructions of Disputed Terms

The parties disagree on the construction of the following ’002 patent claim terms.

Exhibit A attached summarizes the parties’ proposed constructions of these disputed

terms.

a. [disputed term]

1. Plaintiff’s position

Plaintiff contends that [disputed term] means [Plaintiff’s

definition].

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