Lift of Lengthy Stay Pending IPR Warrants Addition of 494 New Accused Products​

The court granted plaintiffs' motion to amend their infringement contentions to add 494 accused products and 21 exemplary claim charts after a stay was lifted because defendant was not unduly prejudiced by the amendments. "[Defendant] has not described with any specificity how it would be prejudiced by having to defend against the additional claims in this action, without discovery deadlines or a trial date, as opposed to defending against the claims in a parallel action. Indeed, [defendant] may benefit from the efficiencies of defending against the allegations in a single action. . . . Plenty of time remains to address [plaintiff's] new theories, regardless of how disruptive they are. Addressing these claims in the same action is more efficient and likely less burdensome. . . . The Court does agree with [defendant] that '[t]here must be some reasonable cut-off date after which [the plaintiff] cannot further expand the case simply because [the defendant’s] product cycle has outpaced the resolution of this case.' But because of the lengthy stay of this litigation and the relatively early stage at which the parties find themselves procedurally, that 'reasonable cut-off date' will be the date of this order."

Advanced Micro Devices, Inc. et al v. LG Electronics, Inc. et al, 3-14-cv-01012 (CAND February 24, 2017, Order) (Illston, USDJ)