The Defendants filed a motion to strike the Plaintiff’s infringement contentions, including their contentions under the doctrine of equivalents (“DOE”), for failing to comply with the Local Patent Rules (“P.R.”). The Defendants argued that the Plaintiff’s contentions did not comply with P.R. 3-1(d) because the Plaintiff made “impermissible blanket assertions regarding infringement under the doctrine of equivalents.”
P.R. 3-1(d) states that the infringement contentions must disclose”[w]hether each element of each asserted claim is claimed to be literally present or present under the doctrine of equivalents in the Accused Instrumentality.”
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