Keithley

ORDER RE: CROSS MOTIONS TO STRIKE

Currently pending before the Court are plaintiffs’ motion to strike defendants’ Final Invalidity Contentions (“invalidity contentions”) and defendants’ counter motion to strike plaintiffs’ Amended Final Infringement Contentions (“infringement contentions”). For the reasons set forth below, the Court DENIES both motions.

DISCUSSION

Plaintiffs Kevin Keithley and Tren Technologies Holdings (“Tren”) filed their complaint on October 1, 2003 against defendants Homestore.com and others, alleging that defendants infringed 58 claims of plaintiffs’ U.S. Patent No. 5,584,025 (“'025 patent”). On November 8, 2007, defendants submitted their invalidity contentions, totaling 1300 pages. Plaintiffs assert that the invalidity contentions do not comply with the Patent Local Rules because they do not specify how each item of prior art asserted renders the patent obvious or anticipates any of the asserted infringement claims. Defendants, meanwhile, contend that plaintiffs’ amended infringement contentions, which were served on February 5, 2008, contain impermissible substantive changes.

I. Plaintiffs’ motion to strike

A. Identification of whether the asserted…