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LPR 3.5 Relationship to USPTO Proceedings and Prior Litigation


(a) In the parties’ Rule 26(f) Report, the parties shall advise the court with respect to each patent in suit (1) whether the patent is eligible to be challenged at the USPTO by each defendant, (2) what form such a challenge may take (inter parties review, post grant review, covered business method review, ex parte reexamination, etc.), (3) the earliest and latest date such a challenge is permitted to be made for each defendant, (4) whether the patent has been the subject of prior USPTO reviews and, if so, the status of the same, and (5) any other prior litigation history of the patent and the status of the same.

 

(b) Absent exceptional circumstances, no party may file a motion to stay the lawsuit pending any proceeding in the U.S. Patent and Trademark Office after the due date for service of that party's Final Contentions pursuant to LPR 3.2


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
#Rule ID256