Advice of Counsel

Not later than 42 days after filing by the court of its claim construction order, each party relying upon an advice of counsel as part of a patent-related claim or defense for any reason must: (a) (b) (c) Produce or make available for inspection and copying any written advice and documents related thereto for which the attorney-client and work production protection have been waived; Provide a written summary of any oral advice and produce or make available for inspection and copying that summary and documents related thereto for which the attorney-client and work-product protection have been waived; and Serve a privilege log identifying any other documents, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the advice that the party is withholding on the grounds of attorney-client privilege or work product protection. A party who does not comply with the requirements of D. Kan. Pat. Rule 3.6 will not be permitted to rely on advice of counsel for any purpose absent a stipulation of all parties or by order of the court.

9 -4- CLAIM CONSTRUCTION PROCEEDINGS