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Date: 05-18-2023
Case Style:
Case Number: 2:21-CV-00283
Judge: Ted Stewart
Court: United States District Court for the District of Utah (Salt Lake County)
Plaintiff's Attorney:
Defendant's Attorney:
Description: Salt Lake City, Utah intellectual property law lawyers represented Plaintiff and Defendant in patent infringement throries.
In this patent infringement case, Plaintiffs Eagle View Technologies, Inc. and Pictometry International Corp. (collectively, “EagleView”) filed a motion to compel Defendant Nearmap US, Inc.[1] to supplement its discovery responses in two areas.[2] First, EagleView seeks to compel Nearmap to answer interrogatories regarding unidentified products with “similar functionality” to the accused products named in EagleView's infringement contentions.[3] Second, EagleView seeks to compel Nearmap to supplement its responses to include discovery related to all uses and supply chains of Nearmap's Roof Geometry tool (an accused product).[4] Nearmap filed aresponse, opposing EagleView's motion as to the first issue and indicating it had provided all responsive documents and information on the second issue.[5] The court held a hearing on the motion on October 31, 2022.
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The District of Utah's Local Rules of Patent Practice require a party claiming infringement to “disclose a list identifying each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of the opposing party of which the party claiming infringement is aware.”[33] Further, “[e]ach Accused Instrumentality must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process.”[34] Such accused instrumentality disclosures must be made within seven days of the filing of an answer.[35] Thereafter, a party claiming infringement must serve initial infringement contentions containing “identification of each claim of each asserted patent that is allegedly infringed,” and “separately for each claim, identification of each Accused Instrumentality of which the party claiming infringement is aware.”[36] Again, “[e]ach Accused Instrumentality must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process.”[37] The party claiming infringement must also provide a “a chart identifying specifically where each element of each asserted claim is found within each Accused Instrumentality.”[38] The purpose of these requirements is to provide “meaningful disclosure of each party's contentions and support for allegations in the pleadings.”[39]...
EagleView's motion to compel is denied. EagleView's request to compel discovery responses regarding unidentified products with similar functionality to the accused products identified in EagleView's infringement contentions is denied. EagleView's motion is denied without prejudice with respect to discovery regarding the Roof Geometry tool."
FutureView, EagleView Cloud, EagleView’s new aerial imagery and software service. During the event, we explored some the new and upcoming solutions, exclusively available through EagleView Cloud, including:
The clearest 1-inch GSD imagery, plus the tools and applications to help you make informed decisions.
The option to add value-oriented 3-inch frequent orthomosaics to flight plans, allowing users to complement oblique imagery with refreshed ortho imagery multiple times per year
Our new Sketch Inspect solution, which uses aerial imagery and computer algorithms to identify and prioritize properties that have inaccurate CAMA sketches
The ability to use our imagery to support z-value geolocation for Public Safety, to comply with the latest E-911 standards for better caller location and faster responses
AI and machine learning tools that power the generation of building data layers with pre-built attributes like pools, decks, outbuildings, propane tanks, roof details and other elements defined by our customers
EagleView Cloud is just one way that we’re delivering innovative solutions to our customers as part of the EagleView Platform. EagleView Platform serves as the foundation of all the imagery and data we provide with state-of-the-art cameras, rigs, and sensor technology to capture the highest-possible quality imagery with every single flight.
We’re excited for the potential to unlock even more insights, automation, and efficiencies for our customers across all industries with the EagleView Platform.
Nearmap US, Inc. is a leader in geosptial technology. Transform your workflows with Nearmap and overcome common property assessment challenges such as lack of manpower, difficulty viewing entire parcels, indiscernible structural changes and time consuming appeals. Easily detect current and temporal changes at scale with our ever-growing library of up-to-date and historical Ortho, Oblique and AI-derived content.
Outcome: EagleView's motion to compel is denied. EagleView's request to compel discovery responses regarding unidentified products with similar functionality to the accused products identified in EagleView's infringement contentions is denied. EagleView's motion is denied without prejudice with respect to discovery regarding the Roof Geometry tool.
Plaintiff's Experts:
Defendant's Experts:
Comments: