Thursday, February 26, 2009

800 Pages of Non-Specific Invalidity Contentions Fail to Comply with "the Plain Reading or Spirit" of Local Patent Rule 3-3

Defendants' invalidity contentions were stricken with leave to refile. "The defendants’ almost 800 pages of 'Invalidity Contentions' do not put the plaintiffs on real or useful notice. The defendants’ current 'Invalidity Contentions' are an attempt to end run the rules. They do not specifically identify combinations of references that the defendants anticipate using at trial, and they include language purporting to make the contentions merely illustrative."

Saffran v. Johnson & Johnson, 2-07-cv-00451 (TXED February 24, 2009, Order)

No comments: