Radware, LTD. et al v. A10 Networks, Inc.

Filing 248

ORDER granting 225 motion to amend invalidity contentions. Signed by Judge Ronald M. Whyte on 7/28/14. (rmwlc1, COURT STAFF) (Filed on 7/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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RADWARE, LTD.; RADWARE, INC.,

Case Nos. C-13-02021, C-13-02024 RMW
(related)

Plaintiffs, Counterclaim-Defendants,
v.
A10 NETWORKS, INC.,

ORDER GRANTING MOTION TO
AMEND INVALIDITY CONTENTIONS
[Re: Dkt. No. 140]

Defendant, Counterclaim-Plaintiff.
RADWARE, LTD.; RADWARE, INC.,
Plaintiffs, Counterclaim-Defendants,
v.

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F5 NETWORKS, INC.,
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Defendant, Counterclaim-Plaintiff.
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Defendants A10 Networks, Inc. (“A10”) and F5 Networks, Inc. (“F5”) (collectively

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“defendants”) move to amend their invalidity contentions based on the court’s claim construction

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order. Defendants’ amendments add a new invalidity argument based on 35 U.S.C. § 112 and add

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nine supplemental charts based on previously disclosed art. Defendants are correct that the court

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adopted its own construction, rather than the construction proposed by either party, for several terms
ORDER RE INVALIDITY CONTENTIONS
Case Nos. C-13-2021-RMW, C-13-2024 RMW

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of the patents in suit. Dkt. No. 152 at 4-5. Although the court does not agree with some of

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defendants’ characterizations of the court’s constructions (e.g. that the construction of “table”

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“removed the ‘table’ limitation entirely,” id at 6), it is true that defendants may not have anticipated

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the court’s own construction of certain terms. Thus, defendants have good cause to amend their

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invalidity contentions. Defendants were also diligent in amending, as evidenced by their service of

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amended contentions by the parties’ agreed deadline. Finally, Radware has not shown any prejudice

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from the amendments. Accordingly, the motion for leave to amend infringement contentions is

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GRANTED.

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United States District Court
For the Northern District of California

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Dated: July 28, 2014

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER RE INVALIDITY CONTENTIONS
Case Nos. C-13-2021-RMW, C-13-2024 RMW

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