posted on
Nov 07, 2006 04:48PM
3-1. Disclosure of Asserted Claims and Infringement Contentions.
Not later than 10 days after the Initial Case Management Conference, a party claiming patent
infringement must serve on all parties a “Disclosure of Asserted Claims and Infringement
Contentions.” Separately for each opposing party, the “Disclosure of Asserted Claims and
Infringement Contentions” shall contain the following information:
(a) Each claim of each patent in suit that is allegedly infringed by each opposing
party;
(b) Separately for each asserted claim, each accused apparatus, product, device,
process, method, act, or other instrumentality (“Accused Instrumentality”) of each
opposing party of which the party is aware. This identification shall be as specific
as possible. Each product, device, and apparatus must be identified by name or
model number, if known. Each method or process must be identified by name, if
known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process;
(c) A chart identifying specifically where each element of each asserted claim is
found within each Accused Instrumentality, including for each element that such
party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s),
act(s), or material(s) in the Accused Instrumentality that performs the claimed
function;
(d) Whether each element of each asserted claim is claimed to be literally present or
present under the doctrine of equivalents in the Accused Instrumentality;
(e) For any patent that claims priority to an earlier application, the priority date to
which each asserted claim allegedly is entitled; and
(f) If a party claiming patent infringement wishes to preserve the right to rely, for any
purpose, on the assertion that its own apparatus, product, device, process, method,
act, or other instrumentality practices the claimed invention, the party must identify,
separately for each asserted claim, each such apparatus, product, device, process,
method, act, or other instrumentality that incorporates or reflects that particular
claim.
http://www.txed.uscourts.gov/Rules/LocalRules/Documents/Appendix%20M.pdf