Using Scheduling Orders To Manage Claim Construction

Law360 (September 30, 2005, 12:00 AM EDT) -- While a scheduling order under Fed. R. Civ. P. 16 is commonly used for setting pretrial deadlines, a scheduling order is particularly useful in patent cases for effectively managing claim construction and common patent discovery disputes.  While the use of scheduling orders in patent cases has varied, the vast majority of scheduling orders fall into one of three categories:  (i) generic orders; (ii) orders providing a briefing schedule on claim construction; or (iii) orders providing briefing and discovery schedules on claim construction.  A generic scheduling order...
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