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When Can a Patent Plaintiff Amend Infringement Contentions?

Where a plaintiff demonstrated that it could not have known of certain alleged bases for infringement prior to inspecting a defendant’s source code, the court allowed the plaintiff to add certain claims to its infringement contentions.  United States Ethernet Innovations v. Acer, Inc., No. C 10-3724 CW (N.D. Cal. Oct. 11, 2013). Intel had intervened […]

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Patent Infringement, Summary Judgment, and Infringement Contentions

A patent infringement defendant’s motion for summary judgment of non-infringement was denied where there were questions of fact concerning whether the defendant directly infringed asserted claims when it tested the accused system, even if it did not directly infringe otherwise. Ameranth, Inc. v. Papa John’s USA, Inc., No. 12-CV-729 JLS (NLS), 2013 U.S. Dist. LEXIS […]

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Adequacy of Patent Infringement Contentions

A patent plaintiff’s infringement contentions were inadequate in multiple respects in Pagemelding, Inc. v. Espn, Inc., No. C 11-06263 WHA (N.D. Cal. Jan. 4, 2013). Although the court denied the defendant’s motion for the sanction of dismissal, the court did order the plaintiff to supplement its infringement contentions in certain respects, and further held that in other […]

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Discovery Not Limited to Patent Infringement Contentions

Because the Eastern District of Texas does not limit the scope of discovery to the plaintiff’s infringement contentions, the court in DDR Holdings, LLC v. Hotels.com, No. 2:06-CV-42-JRG (E.D. Texas, July 18, 2012), granted the plaintiff’s motion to compel one of the defendants to produce a corporate representative to testify regarding various of that defendant’s […]

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Divided Infringement and Non-Infringement

A patent claim for configuring a “satellite” credit card of a main credit card was not infringed directly by any defendant, nor was the claim directly infringed by any third party, and therefore it could not be indirectly infringed.  Spendingmoney LLC v. American Express Co., No. 3:08cv1376 (D. Conn. March 27, 2012).  The claim of […]

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Amending Patent Infringement Contentions

When do the results of claim construction proceedings justify a patent plaintiff in amending its infringement contentions?  A court in the Eastern District of Texas allowed the plaintiff to accuse certain software components for the first time following the conclusion of claim construction proceedings.  SSL Services, LLC v. Citrix Systems, Inc., No. 2:08-cv-158-JRG (E.D. Texas […]

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