Plaintiff, Round Rock Research (“Round Rock”), filed a motion to compel non-infringement contentions from Defendant Dell (“Dell”) and Dell moved to limit the number of asserted complaints brought by plaintiff. Round Rock asserted ten patents against 125 products of Dell and Dell contended that Round Rock had asserted approximately 82 claims from the ten patents-at-issue. As a result, Dell asserted that the large number of claims was unmanageable for claim construction, fact discovery, expert reports, depositions and trial.
In considering Round Rock’s motion to compel non-infringement contentions, the district court noted that the plaintiff requested a response to its interrogatory seeking Dell’s non-infringement contentions. In response, Dell asserted that the interrogatory was prematurely seeking its position on claim construction and that the interrogatory was unduly burdensome and unreasonable given the number of claims asserted by Round Rock.
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