The Local Patent Rules of course apply to
all patent cases filed in this District. It is Judge Durkin’s practice,
however, to hold an informal, off the record meeting in chambers with the
attorneys for the parties as soon as possible after all parties have counsel
who have filed appearances. All discussions at the meeting will be inadmissible
in any later proceeding under Federal Rule of Evidence 408.
The purpose of the meeting is to see
whether an early resolution of the case, or a narrowing or prioritizing of the
contested issues can occur before any scheduling order is prepared by the
parties. No position papers or other briefs should be filed in advance of the
meeting, which will last an hour or less. No clients are required to attend, as this is not a settlement conference. Out of town counsel are permitted to appear by phone. Plaintiffs’ counsel shall call Judge
Durkin’s courtroom deputy, Sandy Newland, after summons has been executed in
order to begin discussions about the scheduling of this meeting. No answer to
the complaint is required until after this meeting, which is intended to
minimize the costs of this uniquely expensive kind of litigation.