Not later than thirty (30) days after filing of the Claim Construction Order, each party relying upon advice
of counsel as part of a patent-related claim or defense for any reason must:
a. Produce or make available for inspection and copying the opinion(s) and any other documentation
relating to the opinion(s) as to which that party agrees the attorney-client or work product protection
has been waived; and
b. Provide a written summary of any oral advice and produce or make available for inspection and
copying that summary and documents related thereto for which the attorney-client and work product
protection have been waived; and
c. Serve a privilege log identifying any other documents, except those authored by counsel acting solely
as trial counsel, relating to the subject matter of the opinion(s) which the party is withholding on the
grounds of attorney-client privilege or work product protection.
A party who does not comply with the requirements of Patent L.R. 3.7 will not be permitted to rely on
advice of counsel for any purpose, absent a stipulation of all parties or by order of the Court, which will
be entered only upon showing of good cause.
4. Claim Construction Proceedings
