N.D. Cal. Patent L.R. 2-5

Except as provided in this paragraph or as otherwise ordered, it shall not be a ground for

objecting to an opposing party’s discovery request (e.g., interrogatory, document request,

request for admission, deposition question) or declining to provide information otherwise

required to be disclosed pursuant to Fed. R. Civ. P. 26(a)(1) that the discovery request or

disclosure requirement is premature in light of, or otherwise conflicts with, these Patent Local

Rules, absent other legitimate objection. A party may object, however, to responding to the

following categories of discovery requests (or decline to provide information in its initial

disclosures under Fed. R. Civ. P. 26(a)(1)) on the ground that they are premature in light of the

timetable provided in the Patent Local Rules:

(a) Requests seeking to elicit a party’s claim construction or damages positions;

(b) Requests seeking to elicit from the patent claimant a comparison of the asserted claims

and the accused apparatus, product, device, process, method, act, or other

instrumentality;

(c) Requests seeking to elicit from an accused infringer a comparison of the asserted claims

and the prior art; and

(d) Requests seeking to elicit from an accused infringer the identification of any advice of

counsel, and related documents.

Where a party properly objects to a discovery request (or declines to provide information in its

initial disclosures under Fed. R. Civ. P. 26(a)(1)) as set forth above, that party shall provide the

requested information on the date on which it is required to be provided to an opposing party

under these Patent Local Rules or as set by the Court, unless there exists another legitimate

ground for objection.