Representative Claim Charts Deemed Insufficient Absent Proof That Charted Products are Representative

The court granted defendant's motion to compel further infringement contentions because plaintiff failed to show that claim charts for 7 accused products were representative of all 101 accused products. "[Defendant] argues that [plaintiff's] representative claim charts are insufficient because they identify the allegedly infringing features of only 7 of the 101 products accused of infringement, and fail to explain why these 7 products are representative. . . . [Plaintiff] has failed to show how the seven claim charts are representative of the Accused Instrumentalities as a whole. In its infringement contentions, it merely states its belief that these products are infringing, without providing any support for its belief. . . . While the Court is sensitive to [plaintiff's] concerns about the expense of reverse engineering over 100 products, it must provide more evidence to show that these products are representative."

Bluestone Innovations Texas LLC v. Epistar Corp., et. al., 3-12-cv-00059 (CAND September 25, 2013, Order) (Illston, J.)