Not later than fourteen (14) days after the Initial Case Management Conference, a party claiming patent
infringement must serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.”
Separately for each opposing party, the “Disclosure of Asserted Claims and Infringement Contentions”
must contain the following information:
a. Each claim of each patent in suit that is allegedly infringed by each opposing party;
b. Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or
other instrumentality (“Accused Instrumentality”) of each opposing party of which the party is aware.
This identification must be as specific as possible. Each product, device and apparatus must be
identified by name or model number, if known. Each method or process must be identified by name,
if known, or by any product, device, or apparatus which, when used, allegedly results in the practice
of the claimed method or process;
c. A chart identifying specifically where each element of each asserted claim is found within each
Accused Instrumentality, including for each element that such party contends is governed by 35
U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality
that performs the claimed function;
d. For each claim which is alleged to have been indirectly infringed, an identification of any direct
infringement and a description of the acts of the alleged indirect infringer that contribute to or are
inducing that direct infringement. Insofar as alleged direct infringement is based on joint acts of
multiple parties, the role of each such party in the direct infringement must be described.
e. Whether each element of each asserted claim is claimed to be literally present and/or present under
the doctrine of equivalents in the Accused Instrumentality;
f. For any patent that claims priority to an earlier application, the priority date to which each asserted
claim allegedly is entitled;
g. If a party claiming patent infringement asserts or wishes to preserve the right to rely, for any purpose,
on the assertion that its own apparatus, product, device, process, method, act, or other instrumentality
practices the claimed invention, the party must identify, separately for each asserted claim, each such
apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects
that particular claim; and
h. If a party claiming infringement alleges willful infringement, the basis for such allegation.
