Case 1:23-cv-00278-MN Document 54-4 Filed 02/09/24 Page 1 of 4 PageID #: 1051
`Case 1:23-cv-00278-MN Document 54-4 Filed 02/09/24 Page 1 of 4 PagelD #: 1051
`
`EXHIBIT D
`EXHIBIT D
`
`

`

`Case 1:23-cv-00278-MN Document 54-4 Filed 02/09/24 Page 2 of 4 PageID #: 1052
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 23-278-MN
`
`JURY TRIAL DEMANDED
`
`))))))))))
`
`PAYRANGE, INC.,
`
`Plaintiff,
`
`v.
`
`CSC SERVICEWORKS, INC.,
`
`Defendant.
`
`PLAINTIFF’S SECOND AMENDED INFRINGEMENT CONTENTIONS
`
`In accordance with Paragraph 7(b) of the Court’s Scheduling Order (D.I. 24) and
`
`Paragraph 4(c) of the District of Delaware Default Standard for Discovery, Plaintiff PayRange,
`
`Inc. (“PayRange”) hereby provides to Defendant CSC ServiceWorks, Inc. (“CSC”) the second
`
`amended claim charts relating to the asserted claims each accused product allegedly infringes.
`
`Plaintiff withdraws all infringement allegations regarding the Accused Product CSCPay Mobile
`
`and withdraws the Claim Charts in Exhibits 1-4 and all allegations contained therein.
`
`Asserted Patents
`
`Asserted Claims
`
`8,856,045 (“’045 Patent”)
`
`1-3, 10-12, and 18-19
`
`Accused
`Products
`CSC Go
`
`Claim
`Charts
`Exhibit 5
`
`10,438,208 (“’208 Patent”)
`
`1-2, 12-13 and 17-18
`
`CSC Go
`
`Exhibit 6
`
`10,891,608 (“’608 Patent”)
`
`11,481,772 (“’772 Patent”)
`
`1-2, 5-6, 7-8, 11-14 and
`17-20
`11
`
`CSC Go
`
`Exhibit 7
`
`CSC Go
`
`Exhibit 8
`
`These amended infringement contentions include preliminary claim charts that relate each known
`
`CSC Accused Product to the currently asserted claims of the Asserted Patents.
`
`PayRange further refers Defendant to its First Amended Complaint (D.I. 12) in this matter,
`
`-1-
`
`

`

`Case 1:23-cv-00278-MN Document 54-4 Filed 02/09/24 Page 3 of 4 PageID #: 1053
`
`which is incorporated by reference herein. In addition to CSC’s documents cited herein,
`
`PayRange may rely on additional documents and testimony. PayRange expressly reserves the
`
`right to modify or amend these disclosures based on the Court’s claim constructions, any position
`
`taken by CSC in this action, or to reflect additional information that becomes available to
`
`PayRange as discovery proceeds.
`
`These disclosures are preliminary. These disclosures are made based on information
`
`ascertained to date. Discovery has only just begun and continuing, and PayRange reserves the
`
`right to establish infringement by comparing the Asserted Claims to source code and/or other
`
`evidence obtained from applicable non-party suppliers. CSC also has not yet produced any source
`
`code in this matter. PayRange also intends to seek additional discovery relating to the accused
`
`products. PayRange will supplement these contentions in due course after CSC’s production of
`
`source code, as new information is discovered, and as appropriate under the Scheduling Order.
`
`Should CSC take the position that any limitation of any claim identified in Exhibits 5-8 is
`
`not present literally in the Accused Products, PayRange reserves the right to assert infringement
`
`under the doctrine of equivalents.
`
`PayRange also makes these disclosures before the parties exchange claim construction
`
`positions, submit claim construction briefing to the Court, or participate in a Markman hearing.
`
`PayRange’s contentions as set forth here should not be interpreted as proposing or adopting any
`
`particular claim construction, and PayRange reserves all rights with respect to its claim
`
`construction positions.
`
`PayRange further reserves its right to amend these contentions to the extent consistent
`
`with any Court Rules or Orders. PayRange provides these contentions without prejudice to the
`
`PayRange’s right to introduce at trial any subsequently discovered evidence or expert opinions
`
`-2-
`Plaintiff’s Second Amended Infringement Contentions
`
`

`

`Case 1:23-cv-00278-MN Document 54-4 Filed 02/09/24 Page 4 of 4 PageID #: 1054
`
`relating to currently known facts and to produce and introduce at trial all evidence, whenever
`
`discovered, relating to the proof of subsequently discovered facts.
`
`Respectfully submitted,
`
`POTTER ANDERSON & CORROON LLP
`
`OF COUNSEL:
`
`By: /s/ David E. Moore
`
`JAMES C. YOON
`RYAN R. SMITH
`CHRISTOPHER D. MAYS
`ALEXANDER MILLER
`JAMIE Y. OTTO
`WILSON SONSINI GOODRICH &
`ROSATI
`Professional Corporation
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Tel: (650) 493-9300
`
`Dated: January 30, 2024
`
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Andrew M. Moshos (#6685)
`Hercules Plaza, 6th Floor
`1313 N. Market St.
`Wilmington, DE 19801
`Telephone: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`amoshos@potteranderson.com
`
`Attorneys for Plaintiff PayRange Inc.
`
`-3-
`Plaintiff’s Second Amended Infringement Contentions
`
`