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Judge Burke grants defendants’ request ordering plaintiff to serve supplemental infringement contentions

Magistrate Judge Christopher J. Burke recently considered the parties’ discovery disputes in Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., et al., No 12-1461-LPS-CJB (D. Del. Aug. 4, 2016).  Among other things, Judge Burke granted defendants’ request regarding plaintiff’s infringement contentions.  In particular, Judge Burke ordered plaintiff to serve claim charts for “accused mobile game titles” separate from the “console-based game titles.”  Id. at 2.  Judge Burke also ordered supplemental contentions for the console-based game titles that “shall more clearly set out what aspects of the accused products are said to relate to which elements of the referenced portion of the claim that is at issue.”  Id.  As an example, Judge Burke stated that a sufficient format “that would provide such clarity would be: ‘the means for prerecording consists of [X elements of accused game].'”  Id. at 2-3 n.1.  Judge Burke also noted that plaintiff should serve these supplemental contentions in short order as they “will be drawing solely on the substance of Plaintiff’s current knowledge of the accused products[.]”  Id. at 2-3.

Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., No. 12-1461-LPS-CJB

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