Thursday, July 5, 2018

Infringement Contentions Limited to Specifically Identified Products

The court granted defendant's motion to strike plaintiff's infringement contentions because plaintiff failed to sufficiently identify the accused instrumentalities. "⁠[Plaintiff] merely asserts in a footnote for each claim chart that the dozens of accused products 'operate in substantially the same manner with respect to the accused functionality.' This conclusory assertion is insufficient. '⁠[I]n order to rely on a claim that one accused product represents another for purposes of Rule 3–1(c), a patentee must do more than state as much. A patentee must state how.'. . . [Defendant] argues that '⁠[plaintiff's] broad categorical identifications and improper use of open-ended language ('e.g.') should be stricken, and [its] allegations should be limited to the products specifically identified.' This order agrees."

Uniloc USA, Inc. et al v. Apple Inc., 3-18-cv-00360 (CAND July 2, 2018, Order) (Alsup, USDJ)

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