Plaintiff's motion for leave to serve amended infringement contentions, asserting infringement of an additional patent, was denied because defendant made its source code available a month before plaintiff's supplemental contentions were due and plaintiff waited more than four months after that date to seek leave to amend its infringement contentions. "[Plaintiff] has not shown that its delay in adding [a] Patent was reasonable based on the amount of time it had to inspect [defendant's] source code." However, defendant's motion for leave to supplement its invalidity contentions was granted. "[T]he Court notes that the addition of prior art references post Markman do not have the same implications as the addition of an entirely new patent. Any potential prejudice that [plaintiff] may suffer as a result of [defendant] amending its invalidity contentions would likely arise in connection with the [upcoming] discovery deadline. This potential prejudice can easily be cured with an appropriate continuance of the discovery deadline if needed."
Sybase, Inc. v. Vertica Systems, Inc., 6-08-cv-0024
(TXED November 30, 2009, Memorandum Opinion & Order) (Davis, J.)