Thursday, October 11, 2012

“Contingent” Infringement Contentions Prohibited

The court granted in part defendant's motion to strike plaintiff's amended infringement contentions because plaintiff's claim chart did not comply with the patent local rule for specificity. "Plaintiff repeatedly attempts to hedge its bets. For each of these limitations, Plaintiff first articulates a theory of infringement (e.g., the infringing portion of the accused product involves [[ ]]), then tries to cover its bases by articulating a second theory that is wholly contingent on the position that might be taken by Defendant (e.g.,. if Defendant argues that there are [[ ]], then the infringing portion of the accused product involves [[ ]]). . . . Plaintiff’s 'contingent' formulation obfuscates the exact substance of Plaintiff's allegations and does not 'crystallize [Plaintiff's] theories of the case,' as Rule 3-1 commands."

Infineon Technologies AG v. Volterra Semiconductor Corporation, 3-11-cv-06239 (CAND October 9, 2012, Order) (Ryu, M.J.).

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