Defendant's Requests for Admissions

• Author: Kenneth L. Dorsney
• Pages: 779-780

Defendant’s Requests for Admissions

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

DEFENDANT’S FIRST SET OF REQUESTS FOR ADMISSIONS

(NOS. 1–7)

Defendant [Name of Defendant] (“Defendant”) hereby requests that Plaintiff

respond to the following Requests for Admissions, pursuant to Rule 36 of the Federal

Rules of Civil Procedure.

In accordance with Rule 26(e) of the Federal Rules of Civil Procedure, these

requests for admissions shall be deemed to be continuing and in the event that Plaintiffs

discover further information which is responsive hereto or which alters or augments the

answers already given, it is requested that Plaintiffs promptly provide Defendant with

such information by amended or supplemental answers.

DEFINITIONS AND GENERAL INSTRUCTIONS

The definitions and instructions in Defendant First Set of Requests for the

Production of Documents and Things (Nos. 1–10) served [Date], are hereby incorporated

herein by reference and shall apply to these admissions and Plaintiffs’ responses thereto.

These Requests for Admissions seek responses regardless of whether Plaintiff

believes the information sought may be in the possession of Defendant.

REQUESTS FOR ADMISSIONS

Request For Admission No. 1:

Admit that a publication qualifies as prior art to the ’001 patent under 35 U.S.C.

§ 102(b) if it is published before [Date].

Request For Admission No. 2:

Admit that U.S. Patent No. _ is prior art to the ’001 patent under 35 U.S.C.

§ 102(b).

Request For Admission No. 3:

Admit that U.S. Patent No. _ is not prior art to the ’001 patent under 35 U.S.C.

§ 102(b).

Request For Admission No. 4:

Admit that __________ is an authentic copy under F.R.E. 901 of U.S. Patent No.

2.

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