Pennsylvania Patent Rules

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

Western District local rules (here) (effective December 1, 2009)

W.D. PA LPR 3.4 provides:

(b) Whether each item of prior art allegedly anticipates each asserted claim or renders it obvious. If a combination of items of prior art allegedly makes a claim obvious, each such combination, and the motivation to combine such items, must be identified;

W.D. PA LPR 3.4 further 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), a description of the claimed function of that element and the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function;

W.D. PA LPR 3.5 concerns the document production that is to accompany invalidity contentions.