Major Patent Venues Diverge On Source Code Review Rules

Law360 (December 3, 2019, 1:29 PM EST) -- The production and review of source code have long been critical events in any software patent infringement case. So many patent case-heavy district courts have developed local rules and procedures governing these events. But some of those provisions don’t squarely address a significant question that often arises next: What does the plaintiff have to do after it reviews the code?

Recent decisions and standard orders in these courts provide important guidance on whether, how and when a plaintiff must amend its infringement contentions after the code review.

Eastern District of Texas and Northern District of California Patent Local Rule Requirements...

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