Innovus Prime LLC v. Toshiba Corporation et al

Filing 52

ORDER by Judge Hamilton granting 33 Motion to Strike ; denying 48 Ex Parte Application (pjhlc2, COURT STAFF) (Filed on 5/10/2013)

1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
7
8

INNOVUS PRIME LLC,
Plaintiff,

9
v.

11
For the Northern District of California

United States District Court

10

ORDER GRANTING MOTION TO
STRIKE

TOSHIBA CORPORATION, et al.,

12

No. C 12-0659 PJH

Defendants.
_______________________________/

13
14

Defendants’ motion to strike plaintiff’s infringement contentions came on for hearing

15

before this court on May 8, 2013. Plaintiff Innovus Prime LLC (“plaintiff”) appeared through

16

its counsel, John Carpenter. Defendants Toshiba Corporation and Toshiba America

17

Information Systems, Inc. (“defendants”) appeared through their counsel, Paul Meiklejohn.

18

Having read the papers filed in conjunction with the motion and carefully considered the

19

arguments and the relevant legal authority, and good cause appearing, the court hereby

20

GRANTS defendants’ motion for the reasons stated at the hearing. The court also DENIES

21

plaintiff’s motion for leave to file a sur-reply.

22

Plaintiff must serve amended infringement contentions, which must identify the

23

specific component(s) of the accused products where each asserted claim limitation may

24

be found, and which are limited to the 41 accused products identified to date. Because this

25

is plaintiff’s third opportunity to provide infringement contentions, if the amended

26

contentions are inadequate, plaintiff may be denied a further opportunity to amend the

27

contentions and may be ordered to pay costs if defendants prevail on another motion to

28

strike. Plaintiff’s amended contentions must be served by June 5, 2013. Defendants’

1

invalidity contentions and accompanying discovery must be served 45 days after receipt of

2

plaintiff’s amended infringement contentions.

3
4
5

IT IS SO ORDERED.
Dated: May 10, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2