District Court Strikes Infringement Contentions and Sanctioned Plaintiff for Taking Inconsistent Positions
The defendant, Echoworx, brought a motion to strike ZixCorp's infringement contentions. ZixCorp had served its original infringement contentions on Echoworx, contending that the elements of the patent-in-suit are software limitations, and stated that it intended to supplement its infringement contentions after Echoworx produced source code for each of Echoworx's accused instrumentalities.
After Echoworx produced its source code for review, ZixCorp served P.R. 3-1(g) Amendments to Its Infringement Contentions ("amended contentions"). Echoworx then complained to ZixCorp that ZixCorp's amended infringement contentions were deficient under 3-1(c) and ZixCorp had violated the Discovery Order by refusing to provide the identifications of source code for software limitations required by P.R. 3-1(g).