Illston (Sr. J, San Francisco)

A party that stayed silent when served deficient infringement contentions has its silence held against it when later accusing the opposition of not making its case.

MLC Intellectual Property, LLC (“MLC”) sued Micron Technology, Inc. (“Micron”) in August 2014 for infringement of U.S. Patent No. 5,764,571 (“’571 Patent”), which claims a non-volatile memory device.  MLC is accusing Micron’s flash memory devices.  The case is pending before Judge Susan Illston.

In an Order issued on April 25, 2019, Judge Illston granted in part and denied in part Micron’s motion to strike MLC’s technical expert report on infringement.[1]

Continue Reading In Denying Motion to Strike Expert Report for Disclosing Infringement Theory Absent from Infringement Contentions, Court Notes that Defendant “Never Challenged Those Contentions as Inadequate”