US · rules
D.C.COLO.LPtR 16
Final Patent Contention Disclosures
(a) Final Infringement Contentions.
(1) Due Date. No later than 28 days after the claim construction order is filed,
a party asserting infringement shall serve its Final Infringement
Contentions.
(2) Contents. Unless otherwise ordered, a party shall not assert at trial an
infringement contention not contained in its Final Infringement
Contentions.
(3) Amendments. Final Infringement Contentions shall not identify additional
accused products or processes not contained in the preliminary
infringement contentions without good cause (e.g., discovery of previously
undiscovered information or an unanticipated claim-construction ruling).
The party asserting infringement shall include a separate statement of
good cause for any amendment.
(4) Exclusion. Accused infringers may seek to exclude an amendment to
Final Infringement Contentions on grounds that good cause does not
exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no
later than 14 days after service of the Final Infringement Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Infringement
Contentions shall be included.
(b) Final Invalidity Contentions.
(1) Due Date. No later than 21 days after service of the Final Infringement
Contentions, each accused infringer shall serve its Final Invalidity
Contentions.
(2) Contents. Final Invalidity Contentions shall include a party's final
statement of all contentions. A party shall not assert at trial any invalidity
contention not contained in its Final Invalidity Contentions.
(3) Amendments. If the Final Invalidity Contentions identify additional prior
art, the amendment shall be supported by good cause (e.g., discovery of
previously undiscovered information or an unanticipated claim-construction ruling) and an accused infringer shall include a separate
statement of good cause for any amendment.
(4) Exclusion. A party asserting infringement may seek to exclude an
amendment to the Final Invalidity Contentions on grounds that good cause
does not exist.
(5) Due Date for a Motion to Exclude. A motion to exclude shall be filed no
later than 14 days after service of the Final Invalidity Contentions.
(6) Failure to Object. Any unopposed amendment to the Final Invalidity
Contentions shall be included.
Provenance
- Source
- www.cod.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
1f5f18157d74f5351ac8279921dbe16972a726799ce3a7ddb5187ded4a4e304a
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