Disclosure Requirement in Patent Cases Initiated by Complaint for Declaratory Judgment

U.S. District Court for the Northern District of Illinois

Rule Set: Local Patent Rules of the United States District Court for the Northern District of Illinois

Rule: 2.6

Jurisdiction: NDIL

Bluebook Citation: N.D. Ill. L. Pat. R. 2.6

In a case initiated by a complaint for declaratory judgment in which a party files a pleading seeking a judgment that a patent is not infringed, is invalid, or is unenforceable, LPR 2.2 and 2.3 shall not apply unless a party makes a claim for patent infringement. If no claim of infringement is made, the party seeking a declaratory judgment must comply with LPR 2.3 and 2.4 within twenty-eight (28) days after the Initial Disclosures.

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