A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Court Declines to Compel Answers to Contention Interrogatories Early in Patent Infringement Action

In a May 29, 2014 ruling, Judge Katherine B. Forrest declined to compel the answers to contention interrogatories early in this patent infringement action.  The Court wrote:
There is no special "patent rule" that provides for contention interrogatories at the outset of a case.  There are, however, significant alternative means for the parties to obtain additional particularity regarding allegations:  this Court's Individual Rules provide for the virtually immediate disclosure of plaintiff's infringement contentions, followed by a document production, followed by disclosure of any invalidity contentions, followed (again) by a document production.  And so on.  The Local Patent Rules provide similarly.
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