Wednesday, December 11, 2013

No Late Amendment of Contentions to Correct “Clerical Error”

The court granted defendant's motion to strike plaintiff's "corrected" contentions which added claim charts for more than 70 of defendant's products. "[Plaintiff] has alleged that its initial omission of the 70 [products] was a mere clerical error, and that it 'quickly corrected this clerical error by re–serving the amended contentions.'. . . [F]or [plaintiff] to now assert that its omission of the 70 [products] at issue here was a mere 'clerical error' is entirely incongruous with its numerous prior representations to this Court. The purpose of the hearing [two months ago] was to resolve the final set of accused products. To now allow [plaintiff] to compel financial information related to products which it dropped in relation to that hearing, or otherwise amend its infringement contentions in contravention of P.R. 3–6(b) at this late juncture would prejudice [defendant]."

U.S. Ethernet Innovations, LLC v. Ricoh Americas Corporation, 6-12-cv-00235 (TXED December 5, 2013, Order) (Love, M.J.)

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