Local Rule 3-4: Document Production Accompanying Preliminary Invalidity Contentions

3-4. Document Production Accompanying Preliminary Invalidity Contentions.

With the Preliminary Invalidity Contentions, the Alleged Infringer must produce or make available for inspection and copying:

(a) Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the Patent Claimant in its Local Patent R. 3-1(a)(iii) chart. If the Patent Claimant contends that compliance with this section requires the production of particular documentation (e.g., source code), the Alleged Infringer may request, and the Patent Claimant is obliged to produce, the same information as to any apparatus, product, device, process, method, act or other instrumentality that it has identified pursuant to Local Patent R. 3-1(a)(vii), above; and

(b) A copy of each item of prior art identified pursuant to Local Patent R. 3-3(a) which does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon must be produced; and

(c) Documents sufficient to show the gross sales revenue and number of units sold in the United States for each Accused Instrumentality for the six (6) year period preceding the filing of the complaint or, if shorter, (b) from the date of issuance of the asserted patent(s).

(d) The Alleged Infringer shall timely supplement document production under this Local Patent R. 3-4 as required by the Federal Rules of Civil Procedure; however, the act of supplementation does not of itself permit amendment of the Alleged Infringer's Preliminary Invalidity Contentions, which amendment shall instead be governed by Local Patent R. 3-6(a) and (b).