Infringement, Invalidity and Unenforceability
(a) Non-Infringement, Invalidity and Unenforceability Contentions. In all cases
in which a party files a complaint or other pleading seeking a declaratory
judgment that a patent is not infringed, is invalid, or is unenforceable, Local
Patent Rules 3.1 and 3.2 shall not apply unless and until a claim for patent
infringement is made by a party. If the defendant does not assert a claim for
patent infringement in its answer to the complaint, no later than fourteen (14) days
after the defendant serves its answer or fourteen (14) days after the Initial Rule 16
Conference, whichever is later, the party seeking a declaratory judgment of non-
infringement, invalidity or unenforceability shall serve upon each opposing party
its Disclosure of Non-Infringement, Invalidity and Unenforceability Contentions
that conforms to Local Patent Rule 3.3, and produce or make available for
inspection and copying the documents described in Local Patent Rule 3.4.
(b) Inapplicability of Rule. Local Patent Rule 3.5 shall not apply to cases in which a
request for a declaratory judgment that a patent is not infringed, invalid or
unenforceable is filed in response to a complaint for infringement of the same
patent, in which case the provisions of Local Patent Rule 3.3 shall govern.
