4.1 General Provisions Governing Patent Disclosures

(a) Certification of Disclosures

All statements, disclosures, or charts filed or served in accordance with the Supplemental Patent Rules shall be dated and signed by counsel of record. Counsel's signature shall constitute a certification that to the best of his or her knowledge, information, and belief, formed after an inquiry that is reasonable under the circumstances, the information contained in the statement, disclosure, or chart was complete and correct at the time it was made.

(b) Admissibility of Disclosures

Statements, disclosures, or charts governed by the Supplemental Patent Rules are admissible evidence to the extent permitted by the Federal Rules of Evidence or Procedure and any applicable judicial orders (e.g., orders adjudicating motions in limine). The statements, disclosures, or charts are also admissible in separate proceedings (e.g., Patent Office proceedings) to the extent permitted by the rules governing such proceedings.

(c) Declaratory Judgment Actions

The same disclosure process (including the same sequence of disclosures) shall apply in declaratory judgment actions in which the plaintiff is asserting noninfringement and/or invalidity and/or unenforceability of the patent(s)-in-suit. For example, in such actions the defendant-patentee will assert Preliminary Infringement Contentions pursuant to the schedule set out below. If infringement is not contested, the parties shall follow the same disclosure process, but shall limit their contentions and accompanying document productions to those issues that are in dispute.