Infringement Contentions Lacking Allegations Against Certain Products Warrants Estoppel, Not Summary Judgment of Noninfringement

The court denied defendants' motion for summary judgment of noninfringement as to products omitted from plaintiff's final infringement contentions, but ruled that plaintiff was estopped from asserting infringement as to such products. "[Plaintiff] argues that as the case progressed, [its] identification of accused products was narrowed to account for developments in the case, including the acceptance of certain of the Patents-in-Suit into the MPEG LA MPEG-2 patent pool. . . . [Plaintiff] voluntarily relinquished its allegations against these omitted products. Therefore, [plaintiff] is estopped from later re-raising these contentions, but the Court declines to grant summary judgment to [defendants] for non-infringement on these omitted products."

Multimedia Patent Trust v. DirecTV, Inc., et al., 3-09-cv-00278 (CASD November 7, 2011, Order) (Huff, J.)