Motion For Leave To Amend Infringement Contentions Granted

In much the same way that my new build dock allows me to add to my, um, work, Judge Gilstrap granted the plaintiff’s motion to amend its infringement contentions, which allowed it to identify additional accused products, add four more claims from the patent, update its claim charts for each asserted patent to add citations to technical documents produced by the defendant, and modify its list of which of its own products allegedly practice the asserted patents under P.R. 3-1(f).

Additional Products Added Too Late?

The court declined to exclude the referenced products from the case on timeliness grounds.  While the order does not provide detailed grounds for the court’s ruling, it appears that the plaintiff’s expert amended his report after receiving a “correlation chart” regarding products ordered produced by the court, and the court declined to exclude the products as not charted.