a. Invalidity Contentions if No Claim of Infringement. In all cases in which a party files a complaint
or other pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is
unenforceable, Patent Local Rules 3.1 and 3.2 will not apply unless and until a claim for patent
infringement is made by a party. If the defendant does not assert a claim for patent infringement in
answer to the complaint, no later than fourteen (14) days after the Initial Case Management
Conference the party seeking a declaratory judgment must serve upon each opposing party Invalidity
Contentions that conform to Patent L.R. 3.3 and produce or make available for inspection and
copying the documents described in Patent L.R. 3.4.
b. Inapplicability of Rule. This Patent L.R. 3.5 does not apply to cases in which a request for
declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, is filed in response
to a complaint for infringement of the same patent.
