Tuesday, December 23, 2008

Leave to amend infringement contentions granted where the amended contentions focus and narrow the case

Plaintiff was permitted to amend its infringement contentions because it had been diligent in analyzing "500 gigabits of [the defendant's] source code and tens of thousands of [the defendant's] confidential documents since serving its original contentions," and the prejudice to defendant would be minimal since plaintiff's amended contentions "reduced its claims from thirty-five to eighteen while withdrawing all infringement theories based on [one patent], five of the seven accused features of [a second patent], and one accused feature of [a third patent]."

VirnetX, Inc. v. Microsoft Corp., 6-07-cv-00080 (TXED December 19, 2008, Order)

No comments: