The Law Mind

Purpose, Scope And Construction

E.D.N.C. Rule 301.2

(a) These rules are intended to supplement the Local Civil Rules of this District to facilitate the speedy, fair and efficient resolution of patent disputes. (b) These rules apply to all civil actions filed in or transferred to this court which allege infringement of a utility patent in a complaint, counterclaim, cross-claim or third party claim, or which seek a declaratory judgment that a utility patent is not infringed, is invalid or is unenforceable. The court will consider requests to opt out of these Patent Rules, when all parties agree and the complexity of the case and amount in controversy do not justify the formal procedures required by these rules. (c) The court may accelerate, extend, eliminate, or modify the obligations or deadlines set forth in these Local Patent Rules based on the circumstances of any particular case, including, without limitation, the complexity of the case or the number of patents, claims, products, or parties involved. If any motion filed prior to the Claim Construction Hearing provided for in Local Patent Rule 304.6 raises claim construction issues, the court may, for good cause shown, defer the motion until after completion of the disclosures, filings, or ruling following the Claim Construction Hearing.
Official source: https://www.nced.uscourts.gov/pdfs/Local%20Civil%20Rules%202023.pdf · retrieved 2026-07-23