California Patent Rules

Patdek is directed to organizing patent information. The information presented below highlights aspects of the California Local Patent Rules governing invalidity contentions.

Northern District local rules (here) (published November 1, 2014)

N.D. Cal. L.R. 3-3(b) provides:

(b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness;

N.D. Cal. L.R. 3-3(c) provides:

(c) A chart identifying where specifically in each alleged item of prior art each limitation of each asserted claim is found, including for each limitation 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 each item of prior art that performs the claimed function;

N.D. Cal. L.R. 3-4 concerns the document production that is to accompany invalidity contentions.

Northern District patent jury instructions (here) (published June 17, 2014)

Southern District local rules (here) (published November 1, 2011)

S.D. Cal. Patent L.R. 3.3.b provides:

b. Whether each item of prior art anticipates each asserted claim or renders it obvious. If a combination of items of prior art makes a claim obvious, each such combination must be identified;

S.D. Cal. Patent L.R. 3.3.c provides:

c. A chart identifying where specifically in each alleged item of prior art each element of each asserted claim is found, 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 each item of prior art that performs the claimed function;

S.D. Cal. Patent L.R. 3.4 concerns the document production that is to accompany invalidity contentions.