(a) Preliminary Infringement Contentions

Not later than forty-five (45) days after service of the last filed answer, a party claiming patent infringement shall serve on all parties its "Preliminary Infringement Contentions." The "Preliminary Infringement Contentions" shall include an infringement claim chart for each accused product or process ("Accused Instrumentality"). However, if certain Accused Instrumentalities have the same relevant characteristics, they can be grouped together in the same chart.

(1) Each claim chart shall contain the following contentions:

  (A) Each claim of each patent in suit that is allegedly infringed by such Accused Instrumentality;

  (B) For each claim, an identification of the subsection(s) of 35 U.S.C. § 271 that are asserted;

  (C) A specific identification of where each limitation of the claim is found within each Accused Instrumentality, 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 the Accused Instrumentality that performs the claimed function; and

  (D) Whether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality.

(2) In addition to the claim chart(s), the "Preliminary Infringement Contentions" shall also include the following contentions:

  (A) For each claim which is alleged to have been indirectly infringed, an identification of any direct infringement, the identity of the known direct infringer(s), and a description of the acts of the alleged indirect infringer that contribute to or are inducing that direct infringement;

  (B) To the extent that the alleged direct infringement is based on joint acts of multiple parties, the identity of each such party and the role of each such party in the direct infringement;

  (C) For any patent that claims priority to an earlier application, the priority date to which each asserted claim allegedly is entitled; and

  (D) If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that it practices (or practiced) the claimed invention, the party shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that practices (or practiced) that particular claim, and the date(s) that the party began and (if completed) ended such practicing of the claimed invention.