Friday, April 19, 2013

Plaintiff’s Familiarity with Accused Products Warrants Reduction in Number of Asserted Claims

The magistrate judge granted in part defendant's motion to limit the number of asserted claims where plaintiff identified 247 claims across 10 patents. "[Defendant] points to the parties' prior litigation history [at the ITC]. According to [defendant], [plaintiff] accuses the same products here as in the ITC case. . . . As a result, [plaintiff] knows how these products work, what they do, and should have an adequate understanding of its case to narrow the 247 claims. . . . The fact that the parties have recently engaged in litigation over the products at issue here weighs in favor of limiting [plaintiff's] representative claims . . . and the court orders that [plaintiff] shall limit its asserted claims to no more than seventy."

Unwired Planet, LLC v. Apple Inc., 3-12-cv-00505 (NVD April 17, 2013, Order) (Cooke, M.J.).

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