In all cases in which a party files a complaint or other pleading seeking declaratory
judgment that a patent is invalid, LPR 3.1-3.4 shall not apply unless and until a claim for
patent infringement is made by a party in the Initial Response. If the defendant does not assert a
claim for patent infringement in its Initial Response, the party seeking
declaratory judgment of invalidity shall make its required disclosures under LPR 3.5 and 3.6
within 30 days after the Initial Response is filed. All other deadlines and
requirements under the Local Patent Rules shall remain the same. This Rule shall not
apply to cases in which a request for a declaratory judgment that a patent is invalid is filed
in response to a complaint for infringement of the same patent.
