Local Rule Local Patent Rule 8: Disclosure Requirement in Patent Cases Initiated by Declaratory Judgment

Local Patent Rule 8. Disclosure Requirement in Patent Cases Initiated by Declaratory Judgment

In all cases in which a party files a pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, Local Patent Rule 6 will not apply with respect to that patent unless and until a claim for patent infringement of the patent is made by a party. If a party does not assert a claim for patent infringement in its answer to the declaratory judgment pleading, unless otherwise specified in the court's Scheduling Order, the party seeking a declaratory judgment must serve on all parties its Invalidity Contentions with respect to the patent that conform to Local Patent Rule 7 not later than 45 days after the Initial Scheduling Conference.