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ARTICLE · 13 JULY 2017

Comcast Prevails In Part On Striking OpenTV Infringement Contentions

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Finally, Comcast argued OpenTV failed to disclose adequately its theory of infringement under the doctrine of equivalents.

United StatesIntellectual Property
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
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On June 19, 2017, Northern District of California Judge William Alsup granted-in-part and denied-in-part plaintiff Comcast Cable Communications, LLC's ("Comcast") motion to strike defendants OpenTV, Inc. and Nagravision SA's (collectively "OpenTV") infringement contentions. The court, however, did not strike with prejudice but instead treated Comcast's motion as a motion to compel amendment of OpenTV's infringement contentions so that OpenTV could cure deficiencies.

This dispute began in October 2015 when OpenTV approached Comcast about licensing its patent portfolio because it believed certain Comcast products infringed its patents. In October 2016, Comcast filed a declaratory judgment action of non-infringement of ten patents in OpenTV's portfolio. On March 27, 2017 OpenTV submitted its infringement contentions, which Comcast moved to strike on April 20. In its motion to strike, Comcast contends that OpenTV's infringement contentions violate Rule 3-1 by: "(1)

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