New York Patent Rules

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

Northern District local rules (here) (effective January 1, 2012)

N.D. NY L. Pat. R. 3.3(b)(2) provides:

(2) 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, the reason why one of ordinary skill in the art would have combined the references at the time of the invention in issue in the case, and identification of what the accused considers to be the primary reference.

N.D. NY L. Pat. R. 3.3(b)(3) provides:

(3) A chart identifying where specifically in each alleged item of prior art each limitation or view of each asserted claim is found, and for utility patents, 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. NY L. Pat. R. 3.4 concerns the document production that is to accompany invalidity contentions.