Monday, August 2, 2010

Failure to Reverse-Engineer Accused Products Threatens Infringement Claims

The court denied defendant's motion to dismiss plaintiff's claims as a sanction for serving inadequate infringement contentions, but ordered plaintiff to amend his infringement contentions a third time or face a dismissal sanction. "It is apparent to the Court that plaintiff’s difficulties in attempting to amend his infringement contentions arise from his unwillingness or inability to reverse engineer the accused products in order to determine how he believes they infringe the [patent-in-suit]. . . . While the Court recognizes that reverse engineering may well pose a financial hardship to plaintiff, it appears that he cannot maintain this lawsuit without undertaking reverse engineering or some equivalent that will enable him to better articulate his claims."

Bender v. Maxim Integrated Products, Inc.,
3-09-cv-01152 (CAND July 29, 2010, Order) (Illston, J.)

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