Wednesday, January 14, 2009

No amendment of infringement contentions to add new products given proximity of Markman hearing and lack of diligence in discovery

Plaintiff was permitted to amend its contentions to include more specificity but not to include additional products because the claim construction hearing was only about two months away and "to the extent [plaintiff] has been hindered by a lack of discovery, it has failed to diligently raise these issues with the Court." "[T]he relative importance of including these products in [plaintiff's preliminary infringement contentions] should have generated a commensurate amount of diligence."

Davis-Lynch Inc v. Weatherford Int'l Inc., 6-07-cv-00559 (TXED January 12, 2009, Order).

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