Document Production Accompanying Disclosure

With the “Disclosure of Asserted Claims and Infringement Contentions,” the party claiming patent infringement must produce to each opposing party or make available for inspection and copying: (a) (b) (c) (d) (e) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or sale of or offer to sell, or any public use of, the claimed invention before the date of application for the patent in suit. A party’s production of a document as required by these rules does not constitute an admission that such document evidences or is prior art under 35 U.S.C. § 102; All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the patent in suit or the priority date identified under D. Kan. Pat. Rule 3.1(f), whichever is earlier; A copy of the file history for each patent-in-suit; All documents evidencing ownership of the patent rights by the party asserting patent infringement; and If a party identifies instrumentalities under D. Kan.

Pat. Rule 3.1(g), documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims. The producing party must separately identify by production number the documents that correspond to each category.