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

Not later than 45 days after service upon it of the “Disclosure of Asserted Claims and

Infringement Contentions,” each party opposing a claim of patent infringement, shall serve on

all parties its “Invalidity Contentions” which shall contain the following information:

(a) The identity of each item of prior art that allegedly anticipates each asserted claim or

renders it obvious. Each prior art patent shall be identified by its number, country of

origin, and date of issue. Each prior art publication shall be identified by its title, date of

publication, and where feasible, author and publisher. Each alleged sale or public use

shall be identified by specifying the item offered for sale or publicly used or known, the

date the offer or use took place or the information became known, and the identity of the

person or entity which made the use or which made and received the offer, or the person

or entity which made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name

of the person(s) from whom and the circumstances under which the invention or any part

of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be

identified by providing the identities of the person(s) or entities involved in and the

circumstances surrounding the making of the invention before the patent applicant(s);

(b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If

obviousness is alleged, an explanation of why the prior art renders the asserted claim

obvious, including an identification of any combinations of prior art showing

obviousness;

(c) A chart identifying specifically where and how in each alleged item of prior art each

limitation of each asserted claim is found, including for each limitation that such party

contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or

material(s) in each item of prior art that performs the claimed function; and

(d) Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. §

112(2) or enablement or written description under 35 U.S.C. § 112(1) of any of the

asserted claims.