US · rules
D. Md. L.R. 804.3
Cases Arising Under the Hatch-Waxman Act (21 U.S.C. § 355)
Unless otherwise ordered by the Court, in all cases alleging patent infringement based
upon a Paragraph IV certification under 21 U.S.C. § 355, the parties shall make the following
disclosures.
355)
a) Initial Disclosure of Invalidity Contentions
Twenty-eight (28) days from the date of the Scheduling Order, the Defendant shall serve
upon the Plaintiff its Initial Disclosure of Invalidity Contentions that conform to L.R.
804.1.c.
b) Initial Disclosure of Non-Infringement Contentions
With the Initial Disclosure of Invalidity Contentions, the Defendant shall serve upon the
Plaintiff its Initial Disclosure of Non-Infringement Contentions for any patents referred to
in Defendants Paragraph IV Certification which shall include a claim chart identifying each
claim in the patent at issue in the case and each limitation of each claim and shall specifically
identify for each claim which claim limitation(s) are literally absent from the Defendants
allegedly infringing Abbreviated New Drug Application or New Drug Application.
c) Document Production Accompanying Initial Disclosures of Invalidity and Non-Infringement Contentions
With the Initial Disclosures of Invalidity and Non-Infringement Contentions, the
Defendant shall produce or make available for inspection and copying and produce to the
Plaintiff or make available for inspection and copying the documents described in L.R.
804.1.d, as well as a complete copy of the entire Abbreviated New Drug Application or New
Drug Application that is the basis of the case in question and any document or thing that
the Defendant intends to rely on in defense against any infringement contentions by
Plaintiff.
d) Initial Disclosure of Infringement Contentions
Fifty-six (56) days from the date of the Scheduling Order, Plaintiff shall serve Defendant
with an Initial Disclosure of Infringement Contentions for all patents referred to in
Defendants Paragraph IV Certification, which shall contain all disclosures required by L.R.
804.1.a.
e) Document Production Accompanying Initial Disclosure of Infringement
Contentions
Plaintiffs Initial Disclosure of Infringement Contentions shall be accompanied by the
production of documents required under L.R. 804.1.b.
Provenance
- Source
- www.mdd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
c2c710f6749ad26ac0c9e67f4282d35b92892d0bc2a4aab3c6a500d59bb66bb3
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.