Plaintiff's Interrogatories in Hatch-Waxman Patent Litigation (Brand to Generic)
Summary
This template is a Plaintiff's Interrogatories designed for use by an innovator patent owner as a starting point in preparing interrogatories for service on a generic challenger accused of infringement under the Hatch-Waxman Act. The template includes interrogatories seeking information relevant to issues such as claim construction, infringement, prior art, and invalidity contentions. This template also includes practical guidance and drafting notes. Use interrogatories to request information not readily obtainable from document requests, depositions, initial disclosures under Fed. R. Civ. P. 26(a), or any mandatory disclosures of claim construction and infringement/validity contentions under local patent rules. It is important to tailor your interrogatories to the facts and issues in your case, taking into account Rule 26(b)'s proportionality factors. Also consult local court rules and local patent rules for any restrictions or requirements for interrogatories. See, e.g., Southern ...