7. Advice of Counsel
U.S. District Court of Maryland Local Rules (December 1, 2025)
each such patent, and, to the extent that the party contends that the item or article is not
within the inventions claimed in each such patent, the basis for each such contention.
b) Response to Initial Disclosure of False Marking Contentions.
Fifty-six (56) days from the date of the Scheduling Order, the opposing parties shall
serve upon the disclosing party a chart listing each item or article identified in the Initial
Disclosure of False Marking, identifying all patent numbers with which those items and
articles were marked and the periods of time during which they were so marked, the number
of units of each item and article that were sold during each such period, and the basis for
the opposing party’s contention that the items and articles were within the inventions
claimed in each such patent.
6. Amendment to Contentions
A party may amend Contentions described in L.R. 804.1 through 804.5 upon written
consent of all parties or, for good cause shown, upon leave of the Court.
7. Advice of Counsel
Unless otherwise ordered by the Court, not later than twenty-eight (28) days after entry
of the Court’s claim construction order, each party relying upon advice of counsel as part of
a patent-related claim or defense for any reason shall:
a. Produce or make available for inspection and copying any written advice
and documents related thereto for which the attorney-client and work
product protection have been waived;
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 documents other than those identified
in L.R. 804.7.a above, except those authored by counsel acting solely as trial
counsel, relating to the subject matter of the advice which the party is
withholding on the grounds of attorney-client privilege or work product
protection.
d. A party who does not comply with the requirements of this L.R. 804.7
shall not be permitted to rely on advice of counsel for any purpose absent
a stipulation of all parties or by order of the Court.
