Local Rule D.C.COLO.LPtR 16: FINAL PATENT CONTENTION DISCLOSURES
D. Colo. — Patent rule
D.C.COLO.LPtR 16 FINAL PATENT CONTENTION DISCLOSURES
(a) Final Infringement Contentions.
(1) Due Date. No later than 28 days after the claim construction order is filed, a party asserting infringement shall serve its Final Infringement Contentions.
(2) Contents. Unless otherwise ordered, a party shall not assert at trial an infringement contention not contained in its Final Infringement Contentions.
(3) Amendments. Final Infringement Contentions shall not identify additional accused products or processes not contained in the preliminary infringement contentions without good cause (e.g., discovery of previously undiscovered information or an unanticipated claim-construction ruling). The party asserting infringement shall include a separate statement of good cause for any amendment.
(4) Exclusion. Accused infringers may seek to exclude an amendment to Final Infringement Contentions on grounds that good cause does not exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no later than 14 days after service of the Final Infringement Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Infringement Contentions shall be included.
(b) Final Invalidity Contentions.
(1) Due Date. No later than 21 days after service of the Final Infringement Contentions, each accused infringer shall serve its Final Invalidity Contentions.
(2) Contents. Final Invalidity Contentions shall include a party's final statement of all contentions. A party shall not assert at trial any invalidity contention not contained in its Final Invalidity Contentions.
(3) Amendments. If the Final Invalidity Contentions identify additional prior art, the amendment shall be supported by good cause (e.g., discovery of previously undiscovered information or an unanticipated claim-construction ruling) and an accused infringer shall include a separate statement of good cause for any amendment.
(4) Exclusion. A party asserting infringement may seek to exclude an amendment to the Final Invalidity Contentions on grounds that good cause does not exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no later than 14 days after service of the Final Invalidity Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Invalidity Contentions shall be included.