Local Patent Rule 2.1 — Initial Scheduling Conference
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
Local Patent Rule 2.1 — Initial Scheduling Conference: the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section XV, Local Rules Of Procedure For Patent Cases), alongside the federal rules and any judge-specific procedures.
Requirement
(a) Consistent with the local rules of this Court and General Order No. 25, upon the filing in or removal or transfer to this Court of an action which falls within the scope of these rules, the Court will schedule a Rule 16 conference to be conducted by the magistrate judge assigned to the case. That conference may be held in- person or by telephone, depending upon the practices of the particular magistrate judge assigned. (b) At least twenty-one (21) days prior to the scheduled Rule 16 conference the parties must confer, in person or by telephone, pursuant to Fed. R. Civ. P. 26(f) to formulate a discovery plan and to address the following topics: (1) Proposed modification of the obligations or deadlines set forth in these local patent rules to ensure that they are suitable for the circumstances of the particular case; (2) The scope and timing of any claim construction discovery, including disclosure of and discovery from any expert witness permitted by the Court; (3) The format of the claim construction hearing, including whether the Court will hear live testimony, the order of presentation, and the estimated length of the hearing; (4) How the parties intend to educate the Court with respect to the patent(s) at issue; and (5) The need for alteration of the standard confidentiality order to supercede that which would otherwise be entered by the court pursuant to Local Patent Rule 2.2. (c) Not later than fourteen (14) days prior to the scheduled Rule 16 conference the parties shall jointly submit a Civil Case Management Plan, in the form of that approved by the Court pursuant to General Order No. 25, completed to address the various issues raised in that form, based upon the parties’ discussions during their Rule 26(f) meeting. (d) One of the topics to be addressed at the Rule 16 conference is the timing and scope of mandatory disclosures required pursuant to Fed. R. Civ. P. 26(a)(1). Among the disclosures which ordinarily must be made pursuant to Rule 26(a)(1) in cases covered by these rules is information and documentation regarding proof of patent ownership or standing to assert patent infringement claims. (e) Following the initial conference conducted by the Court pursuant to Fed. R. Civ. P. 16, the assigned magistrate judge may, in his or her discretion, schedule and conduct such further status conferences, either telephonically or in person, as deemed appropriate. It is contemplated that such a conference may be conducted within sixty (60) to ninety (90) days following the initial Rule 16 conference, and that during that conference the parties will be asked to discuss what efforts, if any, they have made to attempt to settle the case and how the Court may assist their settlement efforts such as, for example, by scheduling a settlement conference or ordering mediation.
Source of truth
(a) Consistent with the local rules of this Court and General Order No. 25, upon the filing in or removal or transfer to this Court of an action which falls within the scope of these rules, the Court will schedule a Rule 16 conference to be conducted by the magistrate judge assig
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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