US · rules
N.D. Cal. Patent L.R. 3-5
Disclosure Requirement in Patent Cases for Declaratory Judgment of Invalidity
(a) Invalidity Contentions If No Claim of Infringement. In all cases in which a party files
a complaint or other pleading seeking a declaratory judgment that a patent is invalid
Patent L.R. 3-1 and 3-2 shall not apply unless and until a claim for patent infringement is
made by a party. If the defendant does not assert a claim for patent infringement in its
answer to the complaint, no later than 14 days after the defendant serves its answer, or 14
days after the Initial Case Management Conference, whichever is later, the party seeking
a declaratory judgment of invalidity shall serve upon each opposing party its Invalidity
Contentions that conform to Patent L.R. 3-3 and produce or make available for inspection
and copying the documents described in Patent L.R. 3-4.
(b) Inapplicability of Rule. This Patent L.R. 3-5 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.
Provenance
- Source
- cand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
0c15e725a937165178b0ca34da7bea44b703106f757f0c93a98b43e06db28e9b
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