This happened earlier this month, but I wanted to post about it since this is a recurring issue.
In Rex Computing, Inc. v. Cerebras Systems Inc., C.A. No. 21-525-MN (D. Del. July 8, 2022), defendant filed a discovery dispute to compel plaintiff to supplement its infringement contentions to explain how the cited source code meets those limitations.
Plaintiff responded, in part, by noting that these are "initial contentions while discovery is ongoing." D.I. 94 at 1.
Nonetheless, the Court ordered plaintiff to supplement its contentions to explain how the code meets the limitations:
ORAL ORDER . . . Plaintiff shall supplement its infringement contentions on or before July 18, 2022. Citations …