Initial Disclosures under Fed. R. Civ. P. 26(a)
(Patent Litigation)

Summary

This Initial Disclosures under Fed. R. Civ. P. 26(a) template may be used by any party in a patent case as a starting point for preparing its initial disclosures under 26(a). Fed. R. Civ. P. 26(a) imposes on parties a duty to disclose certain information on their claims or defenses, without awaiting discovery requests. This template includes practical guidance and drafting notes. Also see Initial Disclosures under Fed. R. Civ. P. Rule 26(a) in Patent Litigation – Checklist. Generally, the parties must serve their initial disclosures within 14 days of their Rule 26(f) conference, unless otherwise stipulated or ordered by the court. See Fed. R. Civ. P. 26(a)(1)(C). Initial disclosures must include specified information on relevant individuals, relevant documents, damages, and any insurance policy that may cover liability. Always check local rules and local patent rules for additional early disclosure requirements. For a full discussion of your obligations under Fed. R. Civ. P. 26(a), see 6-26 Moore's Federal Practice - Civil § 26.22; see also Rule 26(a) Initial Disclosure Requirements (Federal). Fed. R. Civ. P. 26(f) requires parties to confer on several matters at the outset of the litigation, including the timing of initial disclosures and a proposed discovery plan. (See Joint Rule 26(f) Report and Discovery Plan (Patent Litigation)).