Wednesday, June 10, 2009

"Trolling Time is Over" -- Following Inspection of Source Code "Patentee Must Fish or Cut Bait with Respect to Its Specific Theory of Infringement."

Defendant's motion for a more definite statement was granted in part. "The bottom line is that, after a plaintiff-patentee has had a reasonable opportunity to review the source code for the defendant’s accused software product, the patentee’s time for trolling the proverbial waters for a theory of infringement comes to an end, and the patentee must fish or cut bait with respect to its specific theory of infringement by providing PICs to the defendant that clearly identify and explain how the source code for the accused product infringes upon specific claims for the patent-in-suit. For [plaintiff], trolling time is over."

Diagnostic Systems Corp. v. Symantec Corp. et al, 8-06-cv-01211
(CACD June 5, 2009, Memorandum & Order) (Nakazato, MJ)

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