(a) A party claiming patent infringement shall serve on all parties a
Disclosure of Infringement Contentions at the time specified in these Rules.
A separate Disclosure shall be made for each party accused of infringing a
patent-in-suit.
(b) The Disclosure of Infringement Contentions shall contain the
following information:
(1) Each claim of each patent in suit that is allegedly infringed
by each opposing party;
(2) Separately for each asserted claim, each accused
apparatus, method, composition or other instrumentality (AAccused
Instrumentality@) of each accused party of which the claiming party is
aware. This identification shall be as specific as possible, with each
apparatus identified by name or model number, if known, and each
method identified by name, if known;
(3) 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;
(4) Whether each element of each asserted claim is claimed
to be literally present, present under the doctrine of equivalents, or
PR-6
both, in the Accused Instrumentality; and
(5) For any patent that claims priority to an earlier
application, the priority date to which each asserted claim allegedly is
entitled.
(c) With the Disclosure of Infringement Contentions, the party
claiming patent infringement must produce to each opposing party or make
available for inspection and copying:
(1) Documents sufficient to evidence each instance of
providing the claimed invention to a third party, by sale, offer to sell,
or other manner of transfer, prior to the date of application for the
patent in suit;
(2) All documents evidencing the conception, reduction to
practice, design, and development of each claimed invention, which
were created on or before the date of application for the patent in suit
or the priority date identified pursuant in the Disclosure, whichever is
earlier;
(3) A copy of the file history for each patent in suit; and
(4) A copy of all non-U.S. patents claiming a common
priority with any patent asserted in the case, together with a copy of
all prior art cited in such non-U.S. patent proceedings.
(d) A party=s production of a document as required herein shall not
constitute an admission that such document evidences or is prior art under
35 U.S.C. § 102.
