No Reservation of Right to Amend Infringement Contentions Under Local Rules

Thursday, September 15, 2016

In Baltimore Aircoil Co. v. SPX Cooling Techs. Inc., No. CCB-13-2053, 2016 WL 4426681, *15-*17 (D. Md. Aug. 22, 2016), the Maryland District Court applied Local Rule 804.1(a)(v).  Judge Catherine C. Blake concluded that the Rule required disclosure of “[w]hether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents” and did not permit a patentee to reserve the right to amend its infringement contentions to add doctrine of equivalents contentions in the event a limitation is not found to be literally present in an accused device.  As a result, the patentee was precluded from presenting a doctrine of equivalents infringement theory, and portions of an expert report opining on the doctrine of equivalents were excluded.