N.D. Ohio L. P. R. 3.10

(a) Unless otherwise ordered by the Court, the parties’ contentions and responses shall

have the same binding effect on a party as a response to an interrogatory made under

Rule 33 of the Federal Rules of Civil Procedure. The parties’ disclosures and

responses may be amended or supplemented without leave of court until the Final

Contentions are due under L. P. R. 3.10(b)-(d); provided, however, that after

submission of the exchange of claim terms under L. P. R. 4.1(c), additional claims in

the patent(s) in suit may not be asserted without obtaining leave from the Court for

good cause shown.

(b) Each party claiming patent infringement must serve on all parties “Final

Infringement Contentions” containing the information required L. P. Rule 3.1 within

fifteen (15) days of the Court’s claim construction ruling.

(c) Each party asserting non-infringement, invalidity or unenforceability of a patent

claim shall serve on all other parties “Final Noninfringement Contentions” and

“Final Invalidity and Unenforceability Contentions” containing the information

required by

L. P. R. 3.3 and 3.5 within thirty (30) calendar days of the Court’s claim construction

ruling. With the Final Invalidity Contentions, the party asserting invalidity of any

patent claim shall produce or make available for inspection and copying: a copy or

sample of all prior art identified pursuant to L. P. R. 3.6, to the extent not previously

produced. If any such item is not in English, an English translation of the portion(s)

relied upon shall be produced. The producing party shall separately identify by

production number which documents correspond to each category.

(d) Each party claiming patent infringement must serve on all parties “Final Validity and

Enforceability Contentions” containing the information required by L. P. R. 3.7

within forty-five (45) days of the Court’s claim construction ruling.

(e) A party may amend the final contentions required under L. P. R. 3.9(b)-(d) only by

order of the Court upon a showing of good cause and absence of unfair prejudice,

made in timely fashion following discovery of the basis for such amendment. The

duty to supplement discovery responses does not excuse the need to obtain leave of

court to amend contentions.

Local Patent Rules - Northern District of Ohio