Local Rule D.C.COLO.LPtR 10: RESPONSE TO INVALIDITY CONTENTIONS

D.C.COLO.LPtR 10 RESPONSE TO INVALIDITY CONTENTIONS

(a) Response to Invalidity Contentions. By the date specified in the Patent Scheduling Order, a party claiming patent infringement shall serve a Response to Invalidity Contentions.

(b) Claim Chart. The Response to Invalidity Contentions shall include a chart or charts which respond to the corresponding Invalidity Contentions. A claim chart shall be specific and contain the following information:

(1) For each item of asserted prior art, identification of each limitation of a claim that the party believes is absent from the prior art;

(2) If the Response is based on claim interpretation, identification of the relevant claim term; and

(3) If obviousness is alleged, an explanation of why the prior art does not render the asserted claim obvious.

(c) Information for Design Patents. For design patents, a party shall explain why the prior art does not anticipate the claim.