Mizuho Orthopedic Systems, Inc v. Steris Corporation
Filing
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ORDER by Judge Kandis A. Westmore granting 35 Motion to Amend/Correct ; STERIS Corporation is required to amend its Invalidity Contentions by December 5, 2013. (kawlc1, COURT STAFF) (Filed on 11/21/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MIZUHO ORTHOPEDIC SYSTEMS, INC.,
Case No. CV 13-01077-JSW (KAW)
Plaintiff,
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v.
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STERIS CORPORATION,
Defendant.
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ORDER GRANTING STERIS
CORPORATION’S UNOPPOSED
MOTION FOR LEAVE TO AMEND
INVALIDITY CONTENTIONS
(Dkt. No. 35)
United States District Court
Northern District of California
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Before the Court is Defendant STERIS Corporation’s Unopposed Motion for Leave to
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Amend Invalidity Contentions. As the motion is unopposed, it is suitable for resolution without
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oral argument pursuant to Civil L.R. 7-1(b).
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STERIS served its original Invalidity Contentions on August 30, 2013. Thereafter, Mizuho
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produced a sales brochure that is visually identical to the femur hook shown in the ‘353 Patent. This
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satisfies the good cause requirement in Patent L.R. 3-6, because the publication is a “recent discovery
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of material, prior art despite earlier diligent search.” Patent L.R. 3-6(b).
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Further, the parties have met and conferred and Plaintiff does not oppose STERIS’ Motion. As
a result, the Court concludes that no undue prejudice would result from permitting amendment.
Accordingly, STERIS’ Motion is GRANTED. STERIS shall serve its Amended Invalidity
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Contentions, including any supplement documents required by Patent L.R. 3-4, no later than December
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5, 2013.
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IT IS SO ORDERED.
Dated: November 21, 2013
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KANDIS A. WESTMORE
United States Magistrate Judge
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