Joint Rule 26(f) Report and Discovery Plan
(Patent Litigation)

Summary

This template is a Joint Rule 26(f) Report and Discovery Plan under Fed. R. Civ. P. 26(f) outlining a discovery plan in a patent case. The parties must file the report with the court after they have conferred on the matters listed in Rule 26(f)(2). This template includes practical guidance, drafting notes, and alternate clauses. The parties' conference must take place at least 21 days before the date of the court's initial scheduling conference or the date for a Rule 16(b) scheduling order. The report must be filed within 14 days after the parties' conference. Rule 26(f)(3) enumerates the issues to be addressed in the discovery plan, which include the timing of Rule 26(a) initial disclosures and other discovery, ESI preservation and production format and appropriate discovery limitations. Check local rules and local patent rules for any additional rules that may impact the procedure for the Rule 26(f) report or discovery and other matters that must be addressed in the discovery plan. For example, local patent rules may require service of infringement and invalidity and non-infringement contentions early in the case or may specify additional matters to be addressed in the discovery plan. Many courts provide their own Rule 26(f) report forms that the parties have to complete. The template provided here is exemplary and should be adapted as necessary. The court may consider the parties' Rule 26(f) report at the initial pretrial conference. In patent cases, after review of the Rule 26(f) report, courts typically issue a scheduling order with the timetable for claim construction, fact and expert discovery, and summary judgment motions. See Fed. R. Civ. P. 16(b).