Fluidigm Corporation, a Delaware Corporation v. Ionpath, Inc., a Delaware Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FLUIDIGM CORPORATION, et al., Plaintiffs, No. C 19-05639 WHA

v.

IONPATH, INC., ORDER RE TIMELY AMENDMENT

OF PATENT CONTENTIONS

Defendant.

15 INTRODUCTION Patent cases in this district occasionally raise the question of the extent to which our patent local rules require infringement and invalidity contentions to set forth not only a party’s primary theory but also its backup theory in case its opponent’s claim construction prevails. This order holds that they do so require. Operative infringement or invalidity contentions must include any such contingent contentions and the disclosing party must move to amend at the earliest reasonable opportunity after receiving the opposing party’s claim construction disclosure. STATEMENT Rather than leave it to interrogatories, our patent local rules frame an orderly exchange of information to facilitate patent litigation. …