Washington Patent Rules

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

Eastern District local rules (here) (effective November 10, 2010)

E.D. Wash. LPR 121(c) provides:

(c) 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;

E.D. Wash. LPR 121(d) provides:

(d) 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.

E.D. Wash. LPR 122 concerns the document production that is to accompany invalidity contentions.

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

W.D. Wash. Local Patent Rule 121(c) provides:

(c) 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;

W.D. Wash. Local Patent Rule 121(d) provides:

(d) 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.

W.D. Wash. Local Patent Rule 122 concerns the document production that is to accompany invalidity contentions.