"<As required by Patent Local Rule 3-1, the infringement contentions specifically set forth where each limitation of each asserted claim is found within each accused product, and are therefore sufficient. Barco is also wrong on the law that Defendants are limited to proving their case with evidence identified in their infringement contentions. It would be illogical to have such a limitation, since contentions must be served early in the case, long before discovery has been completed. All of the information identified in Defendants’ infringement contentions is relevant and admissible to prove infringement of the ‘336 patent claims. >"

The above is our arguement, not what has been decided. Also, the whole issue is that we cannot find the variable speed clock without them providing documentation. If we can't find the clock in the first place how can we contend that they infringe? They want us to prove the existance of the variable speed clock in their product. I believe that they contend that they use a fixed clock. If they use the variable speed clock show them where it is. I believe that all of our patents depend on the existence of the variable speed clock. On this technicality Barco is baseing their motion for SJ. We however claim " It would be illogical to have such a limitation, since contentions must be served early in the case, long before discovery has been completed."

This all seems to be a procedural issue. Their processing speed would dictate that they have developed a new process to do what the MMP does then where is their patent for that? They of course seem to want to hide behind client confidentuality claims. Now will the judge buy all of this-hopefully not. AJMUEO

This all seems to be a catch 22

I hope TPL is prepared after all these years. Another thing to consider. If reverse engineering cannot prove the existance of a variable speed clock, as Barco and CM claim, has TPL been charging us fraudulently for Alliances services all these years?What exactly are they trying to prove in their reverse engineering process?