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LPR 1.7 Relationship to Federal Rules of Civil Procedure


A party may not object to mandatory disclosures under Federal Rule of Civil Procedure 26(a) or to a discovery request on the ground that it conflicts with or is premature under the LPR, except to the following categories of requests and disclosures:

(a) requests for a party’s claim construction position;

(b) requests to the patent claimant for a comparison of the asserted claims and the accused apparatus, device, process, method, act, or other instrumentality;

(c) requests to an accused infringer for a comparison of the asserted claims and the prior art;

(d) requests to an accused infringer for its non-infringement contentions; and

(e) requests to the patent claimant for its contentions regarding the presence of claim elements in the prior art.

Federal Rule of Civil Procedure 26’s requirements concerning supplementation of disclosure and discovery responses apply to all disclosures required under the LPR.




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.
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