Contour IP Holding, LLC v. GoPro, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONTOUR IP HOLDING, LLC, Case No. 3:17-cv-04738-WHO
Plaintiff,
ORDER ON THE SCOPE OF IPR
v. ESTOPPEL AND ON GOPRO'S
MOTION FOR LEAVE TO AMEND
GOPRO, INC., INVALIDITY CONTENTIONS Defendant. Re: Dkt. Nos. 313, 316
12 After a stay pending inter partes review (“IPR”), this patent infringement case has resumed with new counsel and new vigor. Before me is defendant GoPro, Inc.’s motion to amend its invalidity contentions, which plaintiff Contour IP Holdings, LLC opposes in part. The parties also ask that I determine the impact of IPR estoppel on GoPro’s case. As set forth below, I grant in part and deny in part GoPro’s motion to amend and provide the parties with guidance on estoppel. BACKGROUND In November 2014, the Patent Office issued U.S. Patent Nos. 8,890,954 (“the ’954 Patent”) and 8,896,694 (“the ’694 Patent”) to non-party Contour LLC. The patents claimed a…