Disclosure Requirement in Patent Cases Initiated by

U.S. District Court for the Eastern District of New York

Rule Set: Local Patent Rules of the United States District Court for the Eastern District of New York

Rule: 8

Jurisdiction: EDNY

Bluebook Citation: E.D.N.Y. L. Pat. R. 8

All Rules: E.D.N.Y. Local Patent Rules, complete index

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Declaratory Judgment

In all cases in which a party files a pleading seeking a declaratory judgment that a patent

is not infringed, is invalid, or is unenforceable, Local Patent Rule 6 will not apply with

respect to that patent unless and until a claim for patent infringement of the patent is

made by a party. If a party does not assert a claim for patent infringement in its answer

to the declaratory judgment pleading, unless otherwise specified in the court’s

Scheduling Order, the party seeking a declaratory judgment must serve on all parties its Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

Invalidity Contentions with respect to the patent that conform to Local Patent Rule 7 not

later than 45 days after the Initial Scheduling Conference.

Disclosure Requirement in Patent Cases Initiated by

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