Intellectual Property Law

Eduardo C. Robreno: Motion to compel answers to claim construction interrogatory GRANTED

By Karen E. Keller, Andrew A. Lundgren et al.

In Inventio AG v. Thyssenkrupp Elevator Americas Corp., C.A. No. 08-874-ER, at 2 (D. Del. July 31, 2009) Defendants filed a motion to compel answers to an interrogatory requesting construction of claims Plaintiff contends were infringed by Defendants. Plaintiff initially responded objecting to the interrogatory as premature and eventually responded that Plaintiff would ?provide claim constructions in due course as required by the Scheduling Order in this case.? Id. at 3. In support of their motion Defendants cited district court decisions compelling claim construction interrogatories, none of which were from the District of Delaware. Id. at 5 n.1. Judge Robreno granted Defendants motion stating that ?Plaintiff has represented to the Court that the claims it is pursuing are warranted under existing law and that they have evidentiary support. Thus, Plaintiff is in a position to articulate which claim terms Defendants have infringed.? Id. at 6.

Inventio AG v. Thyssenkrupp Elevator Americas Corp., C.A. No. 08-874-ER (D. Del. July 31, 2009)

Full post as published by Delaware IP Law Blog on August 07, 2009 (boomark / email).