Not later than 30 days after the Initial Scheduling Conference, a party claiming
patent infringement must serve on all parties a “Disclosure of Asserted Claims and
Preliminary Infringement Contentions.” Separately for each opposing party, the
“Disclosure of Asserted Claims and Preliminary Infringement Contentions” shall
contain the following information:
(a) Each claim of each patent in suit that is allegedly infringed by each opposing
party including for each claim the applicable statutory subsections of 35
U.S.C. § 271 asserted;
(b) Separately for each asserted claim, each accused apparatus, product,
device, process, method, act, or other instrumentality (“Accused
Instrumentality”) of each opposing party of which the party is aware. This
identification shall be as specific as possible. Each product, device, and
apparatus must be identified by name or model number, if known. Each
method or process must be identified by name, if known, or by any
product, device, or apparatus which, when used, allegedly results in the
practice of the claimed method or process;
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Local Patent Rules – U.S. District Court for the Eastern District of North Carolina Page 7
(c) A chart identifying specifically where each element of each asserted claim
is found within each Accused Instrumentality, including each element that
such party contends is governed by the sixth paragraph of 35 U.S.C. §
112, and the identity of the structure(s), act(s), or material(s) in the
Accused Instrumentality that performs the claimed function;
(d) Whether each element of each asserted claim is claimed to be literally
present or present under the doctrine of equivalents in the Accused
Instrumentality;
(e) For any patent that claims priority to an earlier application, the priority
date to which each asserted claim allegedly is entitled; and
(f) If a party claiming patent infringement wishes to preserve the right to rely,
for any purpose, on the assertion that its own apparatus, product, device,
process, method, act, or other instrumentality practices the claimed
invention, the party must identify, separately for each asserted claim, each
such apparatus, product, device, process, method, act, or other
instrumentality that incorporates or reflects that particular claim.
