Local Rule D.C.COLO.LPtR 8: INVALIDITY CONTENTIONS

D.C.COLO.LPtR 8 INVALIDITY CONTENTIONS

(a) Invalidity Contentions. By the date specified in the Patent Scheduling Order, a party opposing a claim of patent infringement shall serve its Invalidity Contentions, if any.

(b) Claim Chart. The Invalidity Contentions shall include a chart (or charts) identifying each allegedly invalid claim, and each item of prior art that anticipates or renders each claim obvious, including the specific location in the items of prior art of each limitation of each asserted claim. Claim charts shall be specific and contain the following information:

(1) An explanation, including the relevant statutory language, of how the item qualifies as prior art;

(2) If anticipation is alleged, identification of each item of prior art and an explanation of how it anticipates the asserted claim;

(3) If obviousness is alleged, identification of each item of prior art or combination of items of prior art, and, separately for each item of prior art or combination of items of prior art, an explanation of how the item or combination of items renders the asserted claims obvious; and

(4) A statement explaining any other grounds of invalidity of any asserted claims.