(a) Final Infringement Contentions. Final
infringement contentions shall be served in two stages:
(1) Within nineteen (19)
weeks after the due date for service of Initial Infringement Contentions, each
party claiming patent infringement must serve on all other parties a list
identifying no more than 10 claims per patent and no more than 20 claims
overall that the party is asserting, each of which must be selected from claims
identified in the Initial Infringement Contentions.
(2) Within twenty-one (21)
weeks after the due date for service of Initial Infringement Contentions, each
party claiming patent infringement must serve on all other parties "Final
Infringement Contentions" containing the information required by LPR 2.2
(a)-(h). In the Final Infringement Contentions, no Accused Instrumentality may
be accused of infringing more than ten (10) claims per patent and twenty (20)
claims overall, selected from the claims identified in the Initial Infringement
Contentions. If the Doctrine of Equivalents is being asserted, the Final
Infringement Contentions must include an explanation of each function, way, and
result that is equivalent and why any differences are not substantial.
(b) Final Unenforceability and Invalidity
Contentions. Each party asserting invalidity or unenforceability of a
patent claim shall serve on all other parties, at the same time that the Final
Infringement Contentions required by LPR 3.1(a)(2) are served, "Final
Unenforceability and Invalidity Contentions" containing the information
required by LPR 2.3 (b) and (c). Final Invalidity Contentions may rely on more than
twenty-five (25) prior art references only by order of the Court upon a showing
of good cause and absence of unfair prejudice to opposing parties. For each claim alleged to be
invalid, the Final Unenforceability and Invalidity Contentions are limited to
four (4) prior art grounds per claim and four (4) non-prior art grounds. No
claim asserted to be infringed shall be subject to more than eight (8) total
grounds per claim. Each of the
following shall constitute separate grounds: indefiniteness, lack of written
description, lack of enablement, unenforceability, and non-statutory subject
matter under 35 U.S.C. § 101. Each assertion of anticipation and each
combination of references shall constitute separate grounds.