Local Rule LPR 1-6: DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

LPR 1-6. DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

(a) Not later than 14 days after the Initial Pretrial Conference, or, if there is no Initial Pretrial Conference, not later than 14 days after the first scheduling order is entered, a party claiming patent infringement must serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions."

(b) Separately for each opposing party, the disclosure must contain the following information:

(1) Each claim of each patent in suit that is allegedly infringed by each opposing party;

(2) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality ("Accused Instrumentality") of each opposing party of which the party is aware. This identification must be as specific as possible. Each product, device, and apparatus must be identified by name or model number, if known. Each method or process must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process;

(3) A chart identifying specifically where each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function;

(4) For each claim which is alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement;

(5) Whether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality; and

(6) If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party must identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim.