In this patent infringement action, the plaintiff sued Sling Media over patents that relate to technology for distributed computer devices that communicate in a networked environment in a secure and efficient manner. The plaintiff served preliminary infringement contentions and Sling Media subsequently moved to strike those contentions.
Sling Media asserted that the contentions were deficient in five respects: “(1) Plaintiff has not set forth its contentions ‘separately for each opposing party’ as required by Local Rule 3-1; (2) Plaintiff has not disclosed each asserted subsection of 35 U.S.C. 271 for each claim that is allegedly infringed as required by Local Rule 3-1(a); (3) Plaintiff failed to identify accused instrumentalities ‘separately for each asserted claim’ and ‘as specifically as possible’ by ‘name or model number, if known’ as required by Local Rule 3-1(b); (4) Plaintiff failed to provide a claim chart ‘identifying specifically where each limitations of each asserted claim is found within each Accused Instrumentality’ as required by Local Rule 3-1(c); and (5) Plaintiff failed to identify and describe ‘the acts of the allegedly indirect infringer’ that allegedly render it liable for infringement of ‘each claim which is alleged to have been indirectly infringed’ as required by Local Rule 3-1(d).”
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