Opinion
23-cv-03264-PCP (VKD)
08-28-2024
ENTANGLED MEDIA, LLC, Plaintiff, v. DROPBOX INC., Defendant.
FURTHER ORDER RE AUGUST 9, 2024 DISCOVERY DISPUTE RE DROPBOX INTERROGATORY NO. 5 RE: DKT. NOS. 120, 130
Virginia K. DeMarchi, United States Magistrate Judge
The Court has reviewed the parties' joint status report regarding their respective proposals for resolution of the dispute regarding Dropbox's Interrogatory No. 5. See Dkt. Nos. 120, 126, 130. The Court has also reviewed the asserted patents. Both patents claim priority to the same provisional application, and they share substantially the same specification. See Dkt. No. 102, Exs. 1, 2.
Given these considerations, the Court orders as follows:
1. Within three court days of this order, Dropbox may identify five invalidity contention charts per asserted patent, each with a single prior art reference per chart (for a total of 10 invalidity contention charts); however, four of the prior art references must be the same/overlap as between the two patents, with only one unique prior art reference per patent.
2. Within three court days of this order, Dropbox may identify no more than seven total terms or phrases across both patents for which Dropbox asserts an invalidity challenge under 35 U.S.C. § 112.
3. Within 30 days of receiving Dropbox's identification pursuant to paragraphs 1 and 2 above, Entangled Media will serve a supplemental response to Interrogatory No. 5 addressing how the asserted claims of the asserted patents are valid in view of Dropbox's identified invalidity contentions and challenges.
IT IS SO ORDERED.