(a) Final Infringement Contentions. Within 14 days after the Court’s Claim
Construction Ruling is issued, each party claiming patent infringement shall serve
on all parties Final Infringement Contentions, containing the information required
by LPR 3.1.
(b) Final Non-infringement Contentions, Final Invalidity and Unenforceability
Contentions. Within 14 days after the Court’s Claim Construction Ruling is
issued, each party asserting non-infringement, invalidity, or unenforceability of a
patent claim shall serve on all other parties Final Non-infringement Contentions
and Final Invalidity and Unenforceability Contentions, containing the information
required by LPR 3.3 and 3.5. With the Final Invalidity and Unenforceability
Contentions, the party asserting invalidity of any patent claim shall produce or
make available for inspection and copying a copy or sample of all prior art
identified pursuant to LPR 3.6, to the extent not previously produced. If any
such item is not in English, an English translation of the portion(s) relied upon
shall be produced. The producing party shall separately identify by production
number which documents correspond to each category.
(c) Final Validity and Enforceability Contentions. Within 45 days after the Court’s
Claim Construction Ruling is issued, each party claiming patent infringement
must serve on all parties Final Validity and Enforceability Contentions containing
the information required by LPR 3.7.
(d) Amendments to Final Contentions. A party may amend the Final Contentions
required under LPR 3.8(a)-(c) only by order of the Court upon a showing of good
cause and absence of unfair prejudice, made in timely fashion, following
discovery of the basis for such amendment. The duty to supplement discovery
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Local Patent Rules - Western District of Tennessee
responses does not excuse the need to obtain leave of Court to amend contentions.
