North Carolina Patent Rules

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

Eastern District local rules (here) (published July 2011)

E.D. NC Local Civil Rule 303.3(b)(2) provides:

(2) 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, and the motivation to combine such items, must be identified;

Local Civil Rule 303.3(b)(3) provides:

(3) 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 the sixth paragraph of 35 U.S.C. § 112, the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function;

Local Civil Rule 303.4 concerns the document production that is to accompany invalidity contentions.

Western District local rules (here) (published March 31, 2011)

W.D. NC P.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, and the motivation to combine such items, must be identified;

W.D. NC P.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;

W.D. NC P.R. 3.4 concerns the document production that is to accompany invalidity contentions.