Wonderland Nurserygoods Co., Ltd. v. Thorley Industries, LLC, 2-12-cv-00196 (PAWD January 17, 2014, Order) (Fischer, J.)
Wednesday, January 22, 2014
Tactical Decision Not to Assert Infringement Theories No Basis for Late Amendment of Contentions
The court granted defendant's motion to strike plaintiff's amended infringement contentions. "Even had [plaintiff] sought leave to amend its Infringement Contentions at this late date, the Court finds that allowing the Amended Infringement Contentions would be prejudicial to [defendant]. . . . [Plaintiff] made a 'tactical decision' not to assert alternate 'infringement theories' based on the gear and linkage, and this 'strategic mistake does not equate to a showing of good cause under Rule 16.'. . . [T]he Court’s supplemental claim construction could not have been a surprise, as [plaintiff] was the one who advocated throughout its summary judgment briefing that the Court should issue a supplemental claim construction of the term 'for driving.'"