Tuesday, April 15, 2014

Infringement Contention Identifying Products by “Standard” or “Series” is Insufficient

The court granted plaintiff's motion to strike the reports of defendant's infringement experts as to newly identified products. "[I]dentifying products 'that include DDR3 SDRAM memory' or otherwise practice the JEDEC standard is not sufficient to specifically identify products that may fall into those categories. Although identifying that a component practices a standard may be useful for proving an infringement theory across several products that contain that component, identifying a standard is not sufficient to specifically name an accused product. . . . Although [defendant] argues that identifying the standard was sufficient to put [plaintiff] on notice of the accused products practicing the standard, the Local Rules required [defendant] to do the work of identifying those products. . . . Similarly, the Court finds that identifying a product that has a different name, but which [defendant] claims is substantially similar to a named product, is not sufficient identification under the Local Rules. . . . [A]lthough somewhat more specific than identifying a product based on practicing a standard, [defendant's] identification of a 'series' of products was not sufficient under the Local Rules to identify the products within a series, as the infringement contentions did not identify each accused product as specifically as possible."

ASUS Computer International v. Round Rock Research, LLC, 3-12-cv-02099 (CAND April 11, 2014, Order) (Cousins, M.J.)

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