N.D.N.Y. L. Pat. R. 2.3

(a) Except as provided in this paragraph or as otherwise ordered, it shall not be a

ground for objecting to an opposing party's discovery request (e.g., interrogatory,

document request, request for admission, deposition question) or declining to

provide information otherwise required to be disclosed pursuant to Fed. R. Civ. P.

26(a)(1), that the discovery request or disclosure requirement is premature in light

of, or otherwise conflicts with, these local patent rules, absent other legitimate

objection. A party may object, however, to responding to the following

categories of discovery requests (or decline to provide information in its initial

disclosures under Fed. R. Civ. P. 26(a)(1)) on the ground that they are premature

in light of the timetable provided in these local patent rules:

(1) Requests seeking to elicit a party's claim construction position;

(2) Requests seeking to elicit from the patent claimant a comparison of the asserted

claims and the accused apparatus, product, device, process, method, act, design,

variety of plant or other instrumentality;

(3) Requests seeking to elicit from an accused infringer a comparison of the asserted

claims and the prior art; and

(4) Requests seeking to elicit from an accused infringer the identification of any

advice of counsel received and related documents.

(b) Where a party properly objects to a discovery request (or declines to provide

information in its initial disclosures under Fed. R. Civ. P. 26(a)(1)) as set forth above, that party

shall provide the requested information on the date on which it is required to be disclosed to an

opposing party under these local patent rules or as set by the Court, unless there exists another

legitimate ground for objection.