Initial Response to Non-Infringement and Invalidity Contentions

Within fourteen (14) days after service of the Initial Non-Infringement and Invalidity Contentions under LPR 2.3, each party claiming patent infringement shall serve upon all parties its “Initial Response toNon-Infringement andInvalidity Contentions.”

(a) With respect to invalidity issues, the initial response shall contain a chart, responsive to the chart required by LPR 2.3(b)(3), that states as to each identified element in each asserted claim, to the extent then known, whether the party admits to the identity of elements in the prior art and, if not, the reason for such denial.

(b) In response to denials of infringement, if the party asserting infringement intends to rely upon Doctrine of Equivalents, such party must include an initial explanation of each function, way, and result that is equivalent and why any differences are not substantial, to the extent not previously provided in response to LPR 2.2(d)