As you know, you have an obligation to timely answer, and to supplement, responses to discovery, including interrogatories. You also have an obligation under 35 USC 282 to provide a list of references to be used to invalidate a patent, and to do so at least 30 days before trial. What if you comply with 282, but not the federal rules?
You lose. The court in Woods v. DeAngelo Marin Exhaust, Inc., 692 F.3d 1272 (Fed. Cir. 2012) explained that "Section 282 does not eliminate the defendant's obligation" to supplement.
This could be a nice trap…
OK – thanks, a timing issue then.
The trap to me is: I can supplement 30 days out because that’s when I have to do it under 282… No, I have to supplement seasonably (I think that’s the term in the discovery rules), which often will be way before 30 days out.
Not sure I see a trap. If it were the other way, I could see a possible overlook (attending to litigation and forgetting to notify the Office).
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