Summary
The world of patent law is ever changing but a ruling issued last month seeks to put limits on how and when changes can be made.
Susan Illston, U.S. district judge for the Northern District of California, ruled July 6 that technology company Micron was not permitted to update an invalidity contention to add two textbooks and two expired patents.
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Mark Lemley, a professor at Stanford Law School who specializes in patent law, said patent local rules allow for some continuation of activity, but it’s not unlimited.
“The rules have a provision tell us your argument but understanding discovery is ongoing, but people have been pretty aggressive in supplementation,” Lemley told the Northern California Record.
Lemley said Illston’s ruling is indicative of a larger trend designed to send a message to other companies who may be looking to take similar actions.
“I think Northern District judges are increasingly cracking down on parties who ignore their obligations under the patent local rules and trying to put some teeth in this restriction,” Lemley said. “This decision will definitely encourage parties to err on the side of inclusion in listing prior art.”
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“It will also force parties to think earlier about what arguments belong in the case at all,” Lemley said.
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