Unenforceability Disclosure
With the Disclosure of Non-Infringement, Invalidity and Unenforceability Contentions,
the party opposing a claim of patent infringement shall produce or make available for inspection
and copying, if not previously disclosed pursuant to Fed. R. Civ. P. 26(a)(1), the following:
(a) Source code, specifications, schematics, flow charts, artwork, drawings,
photographs, video or other images from every available view or other
documentation sufficient to show the operation, composition, design, variety of
plant or structure of any aspects or elements of an Accused Instrumentality
identified by the patent claimant in its Local Patent Rule 3.1(c) chart; and
(b) A copy or sample of the prior art identified pursuant to Local Patent Rule 3.3(b)
which does not appear in the file history of the patent(s) at issue. To the extent
any such item is not in English, an English translation shall be produced. In
addition, a complete translation of the document relied upon, if in the possession
of the producing party, shall also be produced.
(c) The producing party shall separately identify by production number which
documents correspond to each category.
