ImageSails, LLC v. North Sails Group LLC

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
IMAGESAILS, LLC,
Plaintiff,
v.
NORTH SAILS GROUP LLC,
Defendant.
Case No. 24-cv-07155-NW (SVK)
ORDER GRANTING JOINT
STIPULATION TO SUBMIT FOURTH
INFRINGEMENT CLAIM CHART
AND GOHSTAND DECLARATION;
DIRECTING SUPPLEMENTAL
STATEMENTS AS TO THE IMPACT
ON DEFENDANT'S MOTION TO
STRIKE
Re: Dkt. Nos. 63, 78
Currently pending before the Court is Defendant’s Motion to Strike Plaintiff’s
Infringement Contentions and Dismiss the case as a sanction, referred to the undersigned on
September 29, 2025. Dkt. 63 (“Motion to Strike”); Dkt. 67. On October 22, 2025, the Parties
submitted a joint stipulation requesting that this Court accept Plaintiff’s fourth infringement claim
chart (Dkt. 73-1) and the declaration of Daniel Gohstand, Plaintiff’s CEO, explaining the reason
for the submission (Dkt. 73-2). Dkt. 73. Having considered the Parties’ submission and because
the submission of the amended claim chart is not opposed by Defendant, the Court hereby
GRANTS the joint stipulation and will consider Dkts. 73-1–73-2.
Having considered the claim chart, declaration and the Parties’ joint submission in light of
the pending Motion to Strike, it is unclear to the Court whether the Motion to Strike—which was
directed to the initial and first amended infringement contentions—is moot. See Dkt. 63. Indeed,
Plaintiff submitted second amended infringement contentions in opposition to the Motion, (see
Dkts. 65, 65-3), which already complicated the briefing and caused Defendant to shift in its reply
to arguing that the second amended infringement contentions should be struck (a) for failing to
seek leave of court and (b) because they did not fix certain deficiencies pointed out in the original
Case 5:24-cv-07155-NW Document 79 Filed 11/04/25 Page 1 of 2

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United States District Court
Northern District of California
Motion, (see Dkt. 66 at 10-13). Accordingly, the Court ORDERS as follows:
• Based on the Parties’ joint stipulation, the Court accepts Plaintiff’s fourth
infringement claim chart (i.e., the third amended claim chart) as the operative claim
chart. Plaintiff shall file1 its third amended infringement contentions, inclusive of a
cover pleading and the infringement chart attached to the joint stipulation, for the
Court and the public record no later than November 12, 2025;
• No later than November 19, 2025, the Parties shall file a joint supplemental
statement, not to exceed 5 pages, setting forth whether, in each Party’s view,
Defendant’s Motion to Strike is moot in whole, in part or not at all.
o To the extent a Party contends that the Motion to Strike is not entirely moot, the
Party shall state which bases for the Motion (Dkt. 63), with sub-heading
citations, remain applicable given Plaintiff’s third amended contentions;
• Modest adjustments to this schedule may be made only by stipulation of the Parties;
and
• Plaintiff is admonished that “Amendment of the Infringement Contentions or the
Invalidity Contentions may be made only by order of the Court upon a timely
showing of good cause.” Patent L.R. 3-6. Plaintiff shall neither serve nor file any
further amended contentions without seeking leave of Court. Plaintiff is further
admonished that failure to adhere to the Patent Local Rules leads to confusion on
the docket and inefficiency for the Court, and the Court may impose sanctions
including, if appropriate, monetary sanctions for future noncompliance.
SO ORDERED.
Dated: November 4, 2025
SUSAN VAN KEULEN
United States Magistrate Judge
1 Although Patent L.R. 3-1 requires service of infringement contentions, the Court orders filing
here to aid the Court in considering the pending Motion to Strike.
Case 5:24-cv-07155-NW Document 79 Filed 11/04/25 Page 2 of 2