(a) Final Infringement Contentions.
(1) Not later than twenty-one (21) days after the filing of the court’s claim
construction order, any party asserting infringement must serve on all parties its
“Final Infringement Contentions,” which shall include the party’s final statement
of all contentions required by SPR 5.1(a). A party may not assert at trial any
infringement contentions not set out in its Final Infringement Contentions;
(2) To the extent the Final Infringement Contentions identify additional accused
products or processes not set out in the Preliminary Infringement Contentions,
such amendment must be supported by good cause (e.g., discovery of previously
unavailable information) and the party asserting infringement must include a
separate statement providing the specific grounds establishing such good cause.
The accused infringer may move to exclude such amendment on the ground that
good cause does not exist. Such motion must be filed within fourteen (14) days
after service of the Final Infringement Contentions. If such motion is not filed (or
if filed not granted), the amendment will be effective.
(b) Final Invalidity Contentions.
(1) Not later than twenty-one (21) days after service of the Final Infringement
Contentions, each accused infringer must serve on all parties its “Final Invalidity
Contentions,” which must include that party’s final statement of all contentions
required by SPR 5.1(c). The party may not assert at trial any invalidity
contentions not set out in its Final Invalidity Contentions;
(2) To the extent the Final Invalidity Contentions identify additional prior art,
such amendment must be supported by good cause (e.g., discovery of previously
unavailable information) and the accused infringer must include a separate
statement providing the specific grounds establishing such good cause. The party
asserting infringement may move to exclude such amendment on the ground that
good cause does not exist. Such motion must be filed within fourteen (14) days
after service of the Final Invalidity Contentions. If such motion is not filed (or if
filed not granted), the amendment will be effective.
(§ (a)(1) amended 12/1/21)
