(a) Invalidity Contentions If No Claim of Infringement.
In all cases in which a party files a complaint or other pleading seeking a
declaratory judgment that a patent is not infringed, is invalid, or is
unenforceable, Local Civil Rule 303.1 and 303.2 shall not apply unless and
until a claim for patent infringement is made by a party. If the defendant
does not assert a claim for patent infringement in its answer to the
complaint, no later than 14 days after the defendant serves its answer, or 14
days after the Initial Scheduling Conference, whichever is later, the party
seeking a declaratory judgment must serve upon each opposing party its
Preliminary Invalidity Contentions that conform to Local Civil Rule 303.3
and produce or make available for inspection and copying the documents
described in Local Civil Rule 303.4. The parties shall meet and confer
within 14 days of the service of the Preliminary Invalidity Contentions for
January 2019 Return to Table of Contents
Local Patent Rules – U.S. District Court for the Eastern District of North Carolina Page 10
the purpose of determining the date on which the plaintiff will file its Final
Invalidity Contentions which shall be no later than 50 days after service by
the court of its Claim Construction Ruling.
(b) Applications of Rules When No Specified Triggering Event.
If the filings or actions in a case do not trigger the application of these Local
Civil Rules 301.1-305.2 under the terms set forth herein, the parties shall,
as soon as such circumstances become known, meet and confer for the
purpose of agreeing on the application of these such rules to the case.
(c) Inapplicability of Rule.
This Local Civil Rule 303.5 shall not apply to cases in which a request for
a declaratory judgment that a patent is not infringed, is invalid, or is
unenforceable is filed in response to a complaint for infringement of the
same patent.
