This order applies the relevant standards to a request to amend the pleadings to add additional patents to the case.
Waco is frozen this morning. So are this defendant’s invalidity contentions.
This looks like another “it wasn’t in the contentions” motion, but is really a “the contentions were too broad” motion.
Judge Lynn granted this motion only in part.
The principal issue here was whether a defendant was statutorily estopped from asserting its invalidity arguments.
This may be an agreed order, but it’s still a useful reference.
When can you amend your contentions after the court’s claim construction ruling?
Given the standard for amending invalidity contentions in Judge Albright’s court, this ruling may provide some guidance on what isn’t enough.
Amending contentions after the Markman ruling are widely viewed as the lemon lavender doughnut holes of procedural issues in patent litigation – delicate, uniquely seasoned, and tasty.