ORDER
Before the Court is Defendants’ Motion to Compel Supplemental Disclosures Pursuant to Patent Rule 3-l(c) (Docket No. 144). Having considered the parties’ written submissions and oral arguments, the Court now memorializes its ruling from the bench denying the motion in part and granting the motion in part.
BACKGROUND
American Video Graphics, L.P. (“AVG”) claims that fifteen video game manufacturers (“Defendants”) infringe its patent, U.S. Patent No. 4,734,690. AVG has identified roughly 800 games that it believes use infringing source code. Pursuant to the Court’s Docket Control Order and Patent Rule 3-1, 1 AVG served its preliminary infringement contentions on Defendants. According to Rule 3-1 (c), AVG’s preliminary infringement contentions were to specifically identify how the instrumentality infringed AVG’s patent by including:
A chart identifying specifically where each element of each asserted claim is found within each Accused Instrumentality, including for each element that such party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function.
Defendants contend that AVG’s 3-l(c) chart is not specific enough to put them on notice as to how, or which aspects of, their products infringe AVG’s patent. For example, as to one defendant’s games, the chart stated:
_Claim 1_Accused Instrumentalities_ 1. A three-dimensional panning method Each Accused Instrumentality listed in Ex. comprising the steps of: B-l performs three dimensional panning.
For example, each Accused Instrumentality listed in Ex. B-l, when executed on a computer or video game system, is operable to perform a three dimensional panning meth-
storing applied graphic information representing a three-dimensional object in a first three-dimensional coordinate modeling space; Each Accused Instrumentality listed in Ex. B-l stores applied graphic information representing a three-dimensional object in a first three dimensional coordinate modeling space.
For example, each Accused Instrumentality listed in Ex. B-l, when executed on a computer or video game system, stores in memory information representing three-dimensional objects in a three-dimensional coordinate system.
Quoting the Court’s opinion in
STMi
*560
croelectronics,
Defendants claim that this chart is inadequate because it does not provide notice of infringement that goes “ ‘beyond that which is provided by the mere language of the patent[ ].’ ”
STMicroelectronics, Inc. v. Motorola, Inc.,
AVG argues that it has complied with Rule 3 — 1(c) and identified how the games infringe as best it could without access to the source code. According to AVG, many of the infringing features can be found throughout the game, and thus there is no way for AVG to accurately indicate where the infringement occurs without the source code. AVG, also relying STMicroelectron-ics, contends the preliminary contentions are intended to streamline the discovery process rather than provide a forum for litigation of the substantive issues and the preliminary nature of the 3-1 disclosures are inherent in the Rules, which allow parties to supplement their contentions when technical information is produced during discovery.
Defendants acknowledge that AVG is limited in its ability to identify how the games infringe without the source code. Defendants point out that AVG has played the games, and in doing so, came to the belief that the games infringe. Defendants suggest AVG produce “screen shots” to communicate how the games infringe. AVG responds that doing so would not inform Defendants of how the source code infringes and that such information is protected as attorney work product. Although the parties attempted to resolve this issue themselves, they reached an impasse, and Defendants move the Court to compel AVG to comply with 3-1 (c).
ANALYSIS
As the Court said in
STMicroelectronics,
the Patent Rules are designed to streamline the discovery process.
Id.
at 755 (quoting
Network Caching Tech., LLC v. Novell, Inc.,
In non-software patent cases, plaintiffs are usually able to purchase defendants’ products and ascertain the mechanics of how those products infringe before plaintiffs bring suit. But, there are times when plaintiffs’ preparation is restricted by defendants’ sole possession of the information plaintiffs need. Software cases present unique challenges for the parties and the courts because, prior to discovery, plaintiffs usually only have access to the manifestation of the defendants’ allegedly infringing source code and not the code itself. From this manifestation, plaintiffs must somehow divine whether the defendants’ code infringes. Although defendants vigorously and rightly guard their source code, until plaintiffs have access to it, plaintiffs are typically unable to give highly specified infringement contentions. To the extent defendants are given vague infringement contentions, they are hampered in their ability to prepare their defense. In these situations, through Rules 3-6 and 3-7, the Patent Rules recognize the preliminary nature of plaintiffs preliminary contentions accommodate plaintiffs’ *561 need to supplement their initial contentions. Id. at 755-56.
The Court finds AVG has complied with Rule 3-1 (c) to the best of its current ability. To this extent, the Court DENIES Defendants’ motion. Once AVG has access to the code, it will be able to supplement its 3 — 1(c) disclosures and better inform Defendants as to its infringement contentions. The parties have informed the Court that the escrow arrangements for making the source code available to AVG are nearly complete and that Defendants expect to begin depositing source code on a rolling basis very soon. To accommodate Defendants’ need for more specific information, the Court ORDERS AVG to supplement its 3-l(c) charts with specific references to the source code within 30 days of Defendants depositing the code into escrow. AVG has informed the Court that it will use its best efforts to do so as quickly as it can. Defendants have informed the Court that they will accommodate AVG if AVG becomes overwhelmed by the amount or complexity of the code.
CONCLUSION
For the reasons described above, the Court finds that AVG adequately complied with Rule 3~l(c)’s requirements given the information AVG possessed. Recognizing that this falls short of the specificity Defendants need, the Court GRANTS Defendants’ motion in part and DENIES in part, as described above. The parties have demonstrated their ability to work together, and the Court trusts they will continue to do so.
Notes
. The Patent Rules are available under "Local Rules” as "Appendix M" on the Eastern District of Texas’s website at http://www.txed.uscourts.gov.