Local Rule L.P.R. 5-1: Final Patent Disclosures

N.D. Ind. L.P.R. 5-1 Final Patent Disclosures

(a) Final Infringement Contentions.

(1) Due Date. Within 28 days after the court's claim-construction order is entered, any party asserting infringement must serve on all parties its final infringement contentions.

(2) Contents. Parties may not assert at trial any infringement contentions not set out in its final infringement contentions.

(3) Amendments. Final infringement contentions may 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 must include a separate statement outlining the specific grounds that it claims constitute good cause for the amendment.

(4) Exclusion. Accused infringers may seek to exclude amendments on grounds that good cause does not exist.

(5) Due Date. Motions to exclude must be filed within 14 days after receiving the final infringement contentions.

(6) Failure to Object. Unopposed amendments are deemed effective.

(b) Final Invalidity Contentions.

(1) Due Date. Within 21 days after receiving the final infringement contentions, each accused infringer must serve on all parties its final invalidity contentions.

(2) Contents. Final invalidity contentions must include that party's final statement of all contentions. The party may not assert at trial any invalidity contentions not contained in its final invalidity contentions.

(3) Amendments. If the final invalidity contentions identify additional prior art, the amendment must be supported by good cause (e.g., discovery of previously undiscovered information or an unanticipated claim-construction ruling) and the accused infringer must include a separate statement providing the specific grounds establishing good cause for the amendment.

(4) Exclusion. The party asserting infringement may seek to exclude the amendment on grounds that good cause does not exist.

(5) Due Date. Motions to exclude must be filed within 14 days after receiving the final invalidity contentions.

(6) Failure to Object. Unopposed amendments are deemed effective.