Local Rule Rule 803: Discovery
D. Md. — Patent rule
RULE 803. DISCOVERY
1. Commencement
Subject to L.R. 803.2, discovery shall be conducted in accordance with L.R. 104 and shall not commence until the issuance of a Scheduling Order.
2. Objections
Except as provided in this Rule or as otherwise ordered, it shall not be a ground for objecting to an opposing party's discovery request (e.g., interrogatory, document request, request for admission, deposition question) that the discovery request or disclosure requirement is premature in light of, or otherwise conflicts with, Section VIII of the Local Rules. A party may object, however, to responding to the following categories of discovery requests on the ground that they are premature in light of the timetable provided in Section VIII of the Local Rules:
a. Requests seeking to elicit a party's claim construction position;
b. Requests seeking to elicit from the patent claimant a comparison of the asserted claims and the accused apparatus, product, device, process, method, act, or other instrumentality;
c. Requests seeking to elicit from an accused infringer a comparison of the asserted claims and the prior art; and
d. Requests seeking to elicit from an accused infringer the identification of any advice of counsel, and related documents.
Where a party properly objects to a discovery request as set forth above, that party shall provide the requested information on the date on which it is required to be provided to an opposing party under Section VIII of the Local Rules or as set by the Court, unless there are other legitimate grounds for objection.