(a) Certification of Disclosures. All statements, disclosures, or charts filed or
served in accordance with the Supplemental Patent Rules shall be dated and signed by
counsel of record. Counsel’s signature shall constitute a certification that to the best of
his or her knowledge, information, and belief, formed after an inquiry that is reasonable
under the circumstances, the information contained in the statement, disclosure, or chart
was complete and correct at the time it was made.
(b) Admissibility of Disclosures. Statements, disclosures, or charts governed by the
Supplemental Patent Rules are admissible evidence to the extent permitted by the Federal
Rules of Evidence or Procedure and any applicable judicial orders (e.g., orders
adjudicating motions in limine). The statements, disclosures, or charts are also
admissible in separate proceedings (e.g., Patent Office proceedings) to the extent
permitted by the rules governing such proceedings.
(c) Declaratory Judgment Actions. The same disclosure process (including the
same sequence of disclosures) shall apply in declaratory judgment actions in which the
plaintiff is asserting noninfringement and/or invalidity and/or unenforceability of the
patent(s)-in-suit. For example, in such actions the defendant-patentee will assert
Preliminary Infringement Contentions pursuant to the schedule set out below. If
infringement is not contested, the parties shall follow the same disclosure process, but
shall limit their contentions and accompanying document productions to those issues that
are in dispute.
