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(a) The fact that there are motions for summary judgment or motions to dismiss pending;

(b) The fact that one or more of the attorneys is set for trial in another court on the same day,

unless the other setting was made prior to the date of this order or was made as a special

provision for the parties in the other case;

(c) The failure to complete discovery prior to trial, unless the parties can demonstrate that it

was impossible to complete discovery despite their good faith effort to do so.

Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on

the DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO shall

include a proposed order that lists all of the remaining dates in one column (as above) and the 

proposed changes to each date in an additional adjacent column (if there is no change for a date 

the proposed date column should remain blank or indicate that it is unchanged). In other words, 

the DCO in the proposed order should be complete such that one can clearly see all the remaining 

deadlines and the changes, if any, to those deadlines, rather than needing to also refer to an earlier 

version of the DCO.

Proposed DCO: The Parties’ Proposed DCO should also follow the format described 

above under “Amendments to the Docket Control Order (‘DCO’).”

Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial Order, 

the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff 

shall also specify the nature of each theory of infringement, including under which subsections of 

35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or 

infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each 

theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility, 

written description, enablement, or any other basis for invalidity. The Defendant shall also specify 

each prior art reference or combination of references upon which the Defendant shall rely at trial, 

with respect to each theory of invalidity. The contentions of the Parties may not be amended, 

supplemented, or dropped without leave of the Court based upon a showing of good cause. The 

Parties in a case which has been consolidated for pre-trial purposes and which is moving towards 

a separate trial on the merits (subsequent to pre-trial) shall file, as an exhibit to the parties’ Joint 

Pretrial Order, a list identifying all docket entries from the lead case that relate to the applicable 

member case.

Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that 

“[o]n the first appearance through counsel, each party shall designate a lead attorney on the 

pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be 

changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court 

an Order granting leave to designate different lead counsel. The true lead counsel should be 

designated early and should not expect to parachute in as lead once the case has been largely 

developed. 

Motions for Continuance: The following will not warrant a continuance nor justify a 

failure to comply with the discovery deadline: 

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Trial: All parties must appear in person at trial. All non-individual (including but not 

limited to corporate) parties must appear at trial through the presence in person of a designated 

representative. Once they have appeared, any representative of a non-individual party shall not be 

replaced or substituted without express leave of Court. 

So Ordered this

Oct 13, 2023

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