(a) Except as provided in this paragraph or as otherwise ordered, it shall not be a
ground for objecting to an opposing party's discovery request (e.g., interrogatory,
document request, request for admission, deposition question) or declining to
provide information otherwise required to be disclosed pursuant to Fed. R. Civ. P.
26(a)(1), that the discovery request or disclosure requirement is premature in light
of, or otherwise conflicts with, these local patent rules, absent other legitimate
objection. A party may object, however, to responding to the following
categories of discovery requests (or decline to provide information in its initial
disclosures under Fed. R. Civ. P. 26(a)(1)) on the ground that they are premature
in light of the timetable provided in these local patent rules:
(1) Requests seeking to elicit a party's claim construction position;
(2) Requests seeking to elicit from the patent claimant a comparison of the asserted
claims and the accused apparatus, product, device, process, method, act, design,
variety of plant or other instrumentality;
(3) Requests seeking to elicit from an accused infringer a comparison of the asserted
claims and the prior art; and
(4) Requests seeking to elicit from an accused infringer the identification of any
advice of counsel received and related documents.
(b) Where a party properly objects to a discovery request (or declines to provide
information in its initial disclosures under Fed. R. Civ. P. 26(a)(1)) as set forth above, that party
shall provide the requested information on the date on which it is required to be disclosed to an
opposing party under these local patent rules or as set by the Court, unless there exists another
legitimate ground for objection.
