item of prior art is not in English, an English translation shall be provided.
D.C.COLO.LPtR 10
RESPONSE TO INVALIDITY CONTENTIONS
(a) Response to Invalidity Contentions. By the date specified in the Patent
Scheduling Order, a party claiming patent infringement shall serve a Response to
Invalidity Contentions.
(b) Claim Chart. The Response to Invalidity Contentions shall include a chart or
charts which respond to the corresponding Invalidity Contentions. A claim chart
shall be specific and contain the following information:
(1) For each item of asserted prior art, identification of each limitation of a
claim that the party believes is absent from the prior art;
(2) If the Response is based on claim interpretation, identification of the
relevant claim term; and
(3) If obviousness is alleged, an explanation of why the prior art does not
render the asserted claim obvious.
(c) Information for Design Patents. For design patents, a party shall explain why
the prior art does not anticipate the claim.
D.C.COLO.LPtR 11
DOCUMENTS ACCOMPANYING RESPONSE TO INVALIDITY CONTENTIONS
Contemporaneously with service of the Response to Invalidity Contentions, a
party claiming patent infringement shall produce to each party (or make available for
inspection and copying) any document, electronically stored information, or thing
supporting the Response.
VI. DECLARATORY JUDGMENT
D.C.COLO.LPtR 12
DISCLOSURE REQUIREMENT IN PATENT CASES SEEKING
DECLARATORY JUDGMENT
If a party files a pleading seeking a declaratory judgment that a patent is not
infringed, is invalid, or is unenforceable and the responsive pleading does not include a
claim for patent infringement, then D.C.COLO.LPtR 4 shall not apply. If a party does not
assert a claim for patent infringement in its answer to the pleading requesting
declaratory judgment, then the party seeking a declaratory judgment shall proceed
under D.C.COLO.LPtR 8 by the date specified in the Patent Scheduling Order.
VII. RELIANCE ON OPINION OF COUNSEL
D.C.COLO.LPtR 13
OPINION OF COUNSEL
(a) Production of Opinion. By the date specified in the Patent Scheduling Order, a
party relying on an opinion of counsel to defend a claim of willful infringement,
induced infringement, or contributory infringement, or to assert that a case is
exceptional, shall disclose the identity of counsel and produce (or make available
for inspection and copying) the written opinion and any document containing the
facts and data considered by counsel in forming the opinion.
(b) Privilege Log. A party relying on an opinion of counsel shall serve a privilege log
complying with Fed. R. Civ. P. 26 (b)(5)(A).
VIII. CLAIM CONSTRUCTION
D.C.COLO.LPtR 14
JOINT CLAIM TERMS CHART
By the date specified in the Patent Scheduling Order, the parties shall file a
Joint Disputed Claim Terms Chart identifying the disputed claim terms and
phrases and each party's proposed construction with citations to supporting
intrinsic and extrinsic evidence.
D.C.COLO.LPtR 15
CLAIM CONSTRUCTION BRIEFING
Unless otherwise ordered, by the date specified in the Patent Scheduling Order:
(a) A party opposing a claim of patent infringement and/or asserting invalidity (if
there is no infringement issue in the case) shall file an opening claim construction
brief which shall include all supporting evidence;
(b) An opposing party shall file a response which shall include all supporting
evidence;
(c) A party filing an opening claim construction brief may file a reply; and
(d) Contemporaneously with the completion of claim construction briefing, the parties
shall file a “Joint Motion for Determination.”
IX. FINAL INFRINGEMENT AND INVALIDITY CONTENTIONS
D.C.COLO.LPtR 16
FINAL PATENT CONTENTION DISCLOSURES
(a) Final Infringement Contentions.
(1) Due Date. No later than 28 days after the claim construction order is filed,
a party asserting infringement shall serve its Final Infringement
Contentions.
(2) Contents. Unless otherwise ordered, a party shall not assert at trial an
infringement contention not contained in its Final Infringement
Contentions.
(3) Amendments. Final Infringement Contentions shall not identify additional
accused products or processes not contained in the preliminary
infringement contentions without good cause (e.g., discovery of previously
undiscovered information or an unanticipated claim-construction ruling).
The party asserting infringement shall include a separate statement of
good cause for any amendment.
(4) Exclusion. Accused infringers may seek to exclude an amendment to
Final Infringement Contentions on grounds that good cause does not
exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no
later than 14 days after service of the Final Infringement Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Infringement
Contentions shall be included.
(b) Final Invalidity Contentions.
(1) Due Date. No later than 21 days after service of the Final Infringement
Contentions, each accused infringer shall serve its Final Invalidity
Contentions.
(2) Contents. Final Invalidity Contentions shall include a party's final
statement of all contentions. A party shall not assert at trial any invalidity
contention not contained in its Final Invalidity Contentions.
(3) Amendments. If the Final Invalidity Contentions identify additional prior
art, the amendment shall be supported by good cause (e.g., discovery of
previously undiscovered information or an unanticipated claim-
construction ruling) and an accused infringer shall include a separate
statement of good cause for any amendment.
(4) Exclusion. A party asserting infringement may seek to exclude an
amendment to the Final Invalidity Contentions on grounds that good cause
does not exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no
later than 14 days after service of the Final Invalidity Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Invalidity
Contentions shall be included.
X. WORD LIMITS
D.C.COLO.LPtR 17
WORD LIMITS; CERTIFICATE OF COMPLIANCE
Unless otherwise ordered:
(a) A claim construction brief or brief on a dispositive motion shall not exceed 10,000
words, double spaced, in Arial 12-point font.
(b) If a party files a supporting brief and a reply brief, the two briefs together shall not
exceed 10,000 words, double spaced, in Arial 12-point font.
(c) Each brief shall include a Certificate of Compliance stating the number of words
in the brief.
SECTION IV - AP RULES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
I. SCOPE, PURPOSE, AND CONSTRUCTION
D.C.COLO.LAPR 1.1
SCOPE OF THE LOCAL AP RULES
(a) Title and Citation. These rules shall be known as the Local Rules of Practice of
the United States District Court for the District of Colorado – AP Rules. These
rules shall be cited as D.C.COLO.LAPR Rule, Subdivision, Paragraph,
Subparagraph, Item (e.g., D.C.COLO. LAPR 1.1(f)(1)(A)).
(b) Effective Date. Unless otherwise stated, these rules are effective as of
December 1 of each year.
(c) Scope. These rules apply to pre-merits management and briefing in a social
security appeal, a case commenced or reviewed under 5 U.S.C. § 706
concerning an action or final decision of an administrative agency, board,
commission or officer, or a bankruptcy appeal (AP Case).
(d) Numbering and Indexing. These rules are numbered and indexed insofar as
practicable in accordance with the specific designations of the Judicial
Conference Uniform Numbering System.
(e) CM/ECF. CM/ECF is the Case Management/Electronic Case Filing system of the
court.
(f) Pilot Programs or Special Projects. A pilot program or special project may be
authorized by the court following reasonable public notice and opportunity for
public comment.
(1) Public notice shall specify:
(A) the purpose of the pilot program or special project;
(B) the term of the pilot program or special project;
(C) the effect upon any local rule of practice; and
(D) any requirement necessary to implement or facilitate the pilot
program or special project.
(2) The term for a pilot program or special project shall not exceed 18 months,
but may be extended for one six-month period in conjunction with the
promulgation of a corresponding local rule.
D.C.COLO.LAPR 1.2
FORMS
Court approved forms are on the court’s website HERE. A form may be modified
by the court or a judicial officer at any time. A form modified by a judicial officer may be
under the judicial officer’s practice standards on the court’s website.
II. COMMENCEMENT OF ACTION, FORM OF PLEADING, SERVICE OF
PROCESS, AND ASSIGNMENT OF AP CASES
D.C.COLO.LAPR 3.1
CIVIL COVER SHEET
A properly completed Civil Cover Sheet HERE shall be filed at the
commencement of every AP case. A dispute about the AP docket designation shall be
addressed by motion filed before an answer or other response is due.
D.C.COLO.LAPR 5.2
PROTECTING THE IDENTITY, HISTORY, AND CHARACTERISTICS OF THE
PLAINTIFF
(a) In a social security appeal all documents, including the administrative record,
pleadings, briefs, and orders, are docketed automatically under Fed. R. Civ. P.
5.2(c) under Level 1 restriction as defined in D.C.COLO.LCivR 7.2(b) (Level 1
limits access to the parties and the court). Therefore, counsel or an
unrepresented party shall not use the docket event “Restricted Document level 1”
in social security appeals.
(b) An order resolving a social security appeal on the merits shall identify the plaintiff
by initials only.
D.C.COLO.LAPR 10.2
COMMENCEMENT OF ACTION AND FORM OF PLEADING
(a) Social Security Appeals.
(1) Review of a decision of the Commissioner of Social Security shall be
commenced by filing a “Complaint and Petition for Review” which shall
identify the specific order or decision for which review is sought and the
date of issuance of that order or decision.
(2) As an answer to the complaint, the Commissioner shall file a certified copy
of the transcript of the relevant administrative record and any affirmative
defense, which if not then filed, shall be waived.
(b) Bankruptcy Appeals. Appeals to the United States District Court for the District
of Colorado from the Bankruptcy Court shall be commenced and administered as
prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure 8001-8028
and D.C.COLO.LAPR 16.1 and 16.2.
(c) Administrative Appeals/Actions for Review of Final Agency Orders,
Decisions, or Rulemaking. Review of an order, decision, rulemaking, or other
final action of an administrative agency under an agency’s establishing statute or
the Administrative Procedure Act is commenced by filing a properly denominated
complaint or petition for relief as specified by the statute under which relief is
requested. The complaint or petition for relief shall include factual allegations
relating to the grounds on which the agency action is being challenged and the
legal basis for plaintiff/petitioner’s entitlement to relief.
D.C.COLO.LAPR 10.3
AP DOCKET
Opening an AP Case. On proper commencement of an AP case under
Subdivision (a), (b), or (c) of D.C.COLO.LAPR 10.2, the clerk shall open a case and
assign a case number without random selection to a district judge under
D.C.COLO.LCivR 40.1(e).
III. THE RECORD, PRE-MERITS BRIEFING AND
MOTIONS PRACTICE
D.C.COLO.LAPR 16.1
AP CASE MANAGEMENT
(a) Joint Case Management Plan. A scheduling conference under
