California Patent Local Rules

PatDek is directed to organizing patent contentions, and more particularly claim charts. The information presented below highlights aspects of the California Patent Local Rules governing invalidity contentions.

Northern District of California local rules ( here) published April 2010

Northern District patent jury instructions (here) (published November 3, 2011)

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

Patent L.R. 3-3 and 3-4 for the Northern District of California are directed to invalidity contentions.

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;

L.R. 3-3(b) explains that an obviousness allegation must include "an identification of any combinations of prior art showing obviousness." While L.R. 3-3(b) does not specify the particular manner of the identification, PatDek provides a comprehensive list of each obviousness combination (two-reference and three-reference combinations) as part of its reporting capabilities.

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;

L.R. 3-3(c) explains that a chart is required for "identifying where specifically in each alleged item of prior art each limitation of each asserted claim is found." PatDek provides in claim chart format, citations and/or text identifying passages of each prior art reference that correspond to each claim limitation. The PatDek case template allows the case manager to identify the analysis concepts that relate to 35 U.S.C. § 112(6), providing a framework to specify "the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function" as stated in L.R. 3-3(c).

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