With the “Disclosure of Non-Infringement and Invalidity 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 Loc. Pat. R. 3.1(c) chart;
(b) A copy or sample of the prior art identified pursuant to Loc. Pat. R. 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 of the portion(s) relied upon shall be produced. In addition, if any portion or
complete English translation is in the possession of the producing party, and was relied upon, that too
shall be produced; and
(c) The producing party shall separately identify by production number which documents
correspond to each category.
