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.'"

Wonderland Nurserygoods Co., Ltd. v. Thorley Industries, LLC, 2-12-cv-00196 (PAWD January 17, 2014, Order) (Fischer, J.)

No comments: