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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

N.D. Illinois Local Patent Rules: “Me Too” Declaratory Judgment Counterclaims Do Not Delay Initial Disclosures and Contentions

Posted in Local Rules

I am often asked if declaratory judgment counterclaims delay the Local Patent Rule ("LPR") initial disclosure and contention obligations — generally two weeks after a defendant’s answer or other response to the complaint. LPR 2.1 is clear that initial disclosures are due two weeks after the answer unless "another" patent is asserted in counterclaims. "Me too" declaratory judgment claims focused only upon the asserted patents, therefore, do not delay the initial disclosure deadline. Initial disclosures are due two weeks after defendant’s answer or response, unless defendant adds a new patent to the case in its counterclaims.