PATENTEE DID NOT ACT DILIGENTLY IN SEEKING INFORMATION UPON WHICH TO BASE ITS CLAIM CHART

摘要

A patentee did not act diligently in seeking the information upon which to base its claim chart in its infringement action against the government, so as to warrant the granting of its request to amend the claim chart. The patentee's sudden ability to find the additional information needed, within two weeks of the court's order finding much of its claim chart inadequate, belied the patentee's assertion that it was unable, despite diligent efforts, to find the information in the two years between the filing of its case and its service of the claim chart. Moreover, if the patentee was unable to find the information needed through publicly available sources, it should have availed itself of the discovery process. See CANVS Corporation v. United States, 2013 WL 1163884 (Ct. Fed. Cl. 2013).