4. INITIAL DISCOVERY IN PATENT LITIGATION.[3]


[3] As these disclosures are “initial,” each party shall be permitted to supplement.

a. Within 30 days after the Rule 16 Conference and for each defendant,[4] the plaintiff shall specifically identify the accused products [5] and the asserted patent(s) they allegedly infringe, and produce the file history for each asserted patent.


[4] For ease of reference, “defendant” is used to identify the alleged infringer and “plaintiff’ to identify the patentee.

[5] For ease of reference, the word “product” encompasses accused methods and systems as well.

b. Within 30 days after receipt of the above, each defendant shall produce to the plaintiff the core technical documents related to the accused product(s), including but not limited to operation manuals, product literature, schematics, and specifications.

c. Within 30 days after receipt of the above, plaintiff shall produce to each defendant an initial claim chart relating each accused product to the asserted claims each product allegedly infringes.

d. Within 30 days after receipt of the above, each defendant shall produce to the plaintiff its initial invalidity contentions for each asserted claim, as well as the related invalidating references (e.g., publications, manuals and patents).

e. Absent a showing of good cause, follow-up discovery shall be limited to a term of 6 years before the filing of the complaint, except that discovery related to asserted prior art or the conception and reduction to practice of the inventions claimed in any patent-in-suit shall not be so limited.