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Local Patent Rules - Northern District of Ohio

III.

Patent Disclosures

3.1.

Initial Infringement Contentions.

Not later than fifteen (15) calendar days after the date the Answer or a motion under Fed.

R. Civ. P. 12 (“Responsive Pleading”) is filed, a party claiming patent infringement shall serve on all parties Infringement Contentions containing at least the following information:

(a)

(b)

(c)

(d)

Each claim of each patent in suit that is allegedly infringed by each opposing party, including for each claim the applicable statutory subsections of 35 U.S.C. § 271 asserted; Separately for each asserted claim, each Accused Instrumentality that each party claiming infringement contends infringes, including the name or model number if known; A chart identifying specifically where each limitation of each asserted claim is found within each Accused Instrumentality, including for each limitation that such party contends is governed by 35 U.S.C. § 112(6), the identity of the corresponding structure and function and where such structure and function is found in the Accused Instrumentality; For each claim which is alleged to have been indirectly infringed, an identification of any direct infringement and a description of the acts of the alleged indirect infringer(s) that contribute to or that are inducing direct infringement, including a description of the role of each relevant party if direct infringement is based on the joint acts of multiple parties;

(f)

(e) Whether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality; For any patent that claims priority to an earlier application, the priority date to which each asserted claim allegedly is entitled; and If a party claiming patent infringement alleges willful infringement, the basis for such allegation.

(g)