Except as provided in this paragraph or as otherwise ordered, it will not be a legitimate ground for
objecting to an opposing party’s discovery request (e.g., interrogatory, document request, request for
admission, deposition question), or declining to provide information otherwise required to be disclosed
pursuant to Fed. R. Civ. P. 26(a)(1), that the discovery request or disclosure requirement is premature in
light of, or otherwise conflicts with, these Patent Local Rules. A party may object, however, to
responding to the following categories of discovery requests on the ground that they are premature in light
of the timetable provided in the Patent Local Rules:
a. Requests seeking to elicit a party’s claim construction position;
b. Requests seeking to elicit from the patent claimant a comparison of the asserted claims and the
accused apparatus, product, device, process, method, act, or other instrumentality;
c. Requests seeking to elicit from an accused infringer a comparison of the asserted claims and the prior
art; and
d. Requests seeking to elicit an opinion of counsel, and related documents, upon which a party intends
to rely for any patent-related claim or defense.
Where a party properly objects to a discovery request as set forth above, that party must provide the
requested information on the date on which it is required to provide, the requested information to an
opposing party under these Patent Local Rules, unless another legitimate ground for objection exists.
3. Patent Disclosures
