Contour IP Holding, LLC v. GoPro, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONTOUR IP HOLDING, LLC, Case No. 3:17-cv-04738-WHO

Plaintiff,

ORDER ON MOTION FOR AN

v. ACCOUNTING OR ONGOING

ROYALTY

GOPRO, INC., Re: Dkt. No. 514 Defendant.

12 INTRODUCTION AND NOTIFICATION REGARDING TRIAL The pending motion highlights the unforeseen—but not unforeseeable—consequences of the parties’ litigation decisions. Plaintiff Contour IP Holdings, LLC (“Contour”) has accused cameras produced by defendant GoPro, Inc. (“GoPro”) of infringing various claims of several of its patents. But this motion concerns four GoPro products (“the New Cameras”) that Contour has not accused of infringement in this suit; they were released after the accused products. Although Contour took some preliminary steps to amend its infringement contentions to add the New Cameras, it never sought leave to do so, electing instead to move more quickly to trial on the already accused products. At summary judgment, I found that the accused GoPro cameras…