Requests for Production on Proper Venue under 28 U.S.C. § 1400(b)
(Patent Owner to Accused Infringer)

Summary

This is a template for a plaintiff patent owner's request for production (RFPs) in district court litigation seeking early discovery of facts that support proper venue for use in responding to the defendant's motion to dismiss or transfer for improper venue under 28 U.S.C. § 1400(b). This template includes practical guidance, drafting notes and alternate clauses. Fed. R. Civ. P. 34 Rule 34 permits service of RFPs within the scope of discovery permitted by Fed. R. Civ. P. 26(b). Rule 26(b) limits discovery to matters proportional to the needs of the case based on several factors, including the amount in controversy, the parties' resources and relative access to the information, and whether the burden or expense outweighs the benefit of the discovery. These requests should be tailored to the venue issues in your case, taking into account Rule 26(b)'s proportionality factors. Local civil rules and local patent rules may contain procedures that impact RFPs (see, for example, N.D. Cal. ...