N.D. Cal. Patent L.R. 3-2

With the “Disclosure of Asserted Claims and Infringement Contentions,” the party claiming

patent infringement shall produce to each opposing party or make available for inspection and

copying:

(a) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing

materials, offer letters, beta site testing agreements, and third party or joint development

agreements) sufficient to evidence each discussion with, disclosure to, or other manner of

providing to a third party, or sale of or offer to sell, or any public use of, the claimed

invention prior to the date of application for the patent in suit. A party’s production of a

document as required herein shall not constitute an admission that such document

evidences or is prior art under 35 U.S.C. § 102;

(b) All documents evidencing the conception, reduction to practice, design, and development

of each claimed invention, which were created on or before the date of application for the

patent in suit or the priority date identified pursuant to Patent L.R. 3-1(f), whichever is

earlier;

(c) A copy of the file history for each patent in suit;

(d) All documents evidencing ownership of the patent rights by the party asserting patent

infringement;

(e) If a party identifies instrumentalities pursuant to Patent L.R. 3-1(g), documents sufficient

to show the operation of any aspects or elements of such instrumentalities the patent

claimant relies upon as embodying any asserted claims;

(f) All agreements, including licenses, transferring an interest in any patent-in-suit;

(g) All agreements that may be related to the accused instrumentality or may be comparable

to a license that would result from a hypothetical reasonable royalty negotiation;

(h) All agreements that otherwise may be used to support the party asserting infringement’s

damages case;

(i) If a party identifies instrumentalities pursuant to Patent L.R. 3-1(g), documents sufficient

to show marking of such embodying accused instrumentalities and if it wants to preserve

the right to recover lost profits based on such products, sales, revenues, costs and profits

of such embodying accused instrumentalities; and

(j) All documents comprising or reflecting a F/RAND commitment or agreement with

respect to the asserted patent(s).

The producing party shall separately identify by production number which documents

correspond to each category.