Opinion
19-cv-01315-JSW (AGT)
07-11-2023
CELLWITCH INC., Plaintiff, v. TILE, INC., Defendant.
ORDER ON MOTION TO STRIKE INFRINGEMENT CONTENTIONS
RE: DKT. NO. 141
ALEX G. TSE, UNITED STATES MAGISTRATE JUDGE
The Court won't strike Cellwitch's infringement contentions. “Striking a patentee's infringement contentions is a severe sanction that should be used sparingly and only for good cause.” Finjan, Inc. v. Proofpoint, Inc., No. 13-CV-05808-HSG, 2015 WL 1517920, at *12 (N.D. Cal. Apr. 2, 2015). Tile hasn't established good cause to strike here.
Cellwitch “has disclosed, to the extent of its present knowledge, where it believes the infringement lies.” FusionArc, Inc. v. Solidus Networks, Inc., No. C 06-06760 RMW (RS), 2007 WL 1052900, at *2 (N.D. Cal. Apr. 5, 2007). If, during discovery, Cellwitch learns that its infringement contentions are incomplete or incorrect, Cellwitch should seek leave to amend them. See Patent L.R. 3-6. Tile, for its part, may seek additional discovery if needed to better understand the factual basis for Cellwitch's contentions.
IT IS SO ORDERED.