At this point, all of the D. Del. judges have adopted a joint claim construction brief procedure invented by Judge Andrews, where the parties serve opening, answering, reply, and surreply briefs, and then file a single combined joint claim construction brief that presents the arguments term-by-term. This means that the parties and the Court can work from a final, combined joint brief where all of the arguments match up.
This is a great procedure and everyone seems to like it. Certain questions tend to come up about it, though.
Common Questions on the Joint Claim Construction Brief
First, parties …
