Each party's “Preliminary Infringement Contentions” and “Preliminary Invalidity
Contentions” shall be deemed to be that party's final contentions, except as set forth
below.
(a) If the parties stipulate to serving Amended or Supplemental Infringement
Contentions and Invalidity Contentions.
(b) If a party claiming patent infringement believes in good faith that (1) the
court's Claim Construction Ruling or (2) the documents produced pursuant
to Local Civil Rule 303.4 so requires, not later than thirty (30) days after
service by the court of its Claim Construction Ruling, that party may serve
“Final Infringement Contentions” without leave of court that amend its
“Preliminary Infringement Contentions” with respect to the information
required by Local Civil Rule 303.1(c) and (d).
(c) Discovery has revealed information requiring modification of the
contentions.
(d) Not later than 50 days after service by the court of its Claim Construction
Ruling, each party asserting a claim, counterclaim or defense of invalidity
may serve “Final Invalidity Contentions” as of right that amend its
“Preliminary Invalidity Contentions” with respect to the information
required by Local Civil Rule 303.3 if it believes in good faith that
amendment is required by “Final Infringement Contentions” pursuant to
January 2019 Return to Table of Contents
Local Patent Rules – U.S. District Court for the Eastern District of North Carolina Page 11
Local Civil Rule 303.6(b) or the court’s Claim Construction Ruling so
requires.
