Responsive Damages Contentions Not later than 30 days after service of the Damages Contentions served pursuant to Patent L.R

3-8, each party denying infringement shall disclose in good faith material facts of which it is aware that are relevant to a category of damages disclosed under Rule 3-8. By way of example only, if a party is aware of material facts regarding an existing non- infringing alternative, intervening rights, a marking defense, foreign sales or other damages limitations that it believes would alter a damages calculation, it should disclose the basis for its belief. USDC Patent Local Rules – Revised October 19, 2023 PAT-7 3-10. Damages Contentions Meeting Not later than 60 days after the response date for any required disclosure under Rule 3- 9, the parties shall (a) meet, with or without counsel of record, and shall disclose their good faith estimate of damages, assuming infringement and validity; and (b) submit a Damages Meeting Certification that certifies the meeting has taken place and identifies the individuals who participated in the meeting.

Nothing said or written during or in the course of the meeting, or for the purpose of the meeting, can be received in evidence, compelled in discovery, or compelled as testimony in any proceeding. USDC Patent Local Rules – Revised October 19, 2023 PAT-8 CLAIM CONSTRUCTION PROCEEDINGS