Life Technologies Corporation et al v. Ebioscience Inc.

Filing 95

ORDER Granting 94 Joint Motion for Leave to File Amended Preliminary Infringement and invalidity Contentions. Signed by Judge Irma E. Gonzalez on 10/5/2012. (knb)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 LIFE TECHNOLOGIES CORPORATION; MOLECULAR PROBES, INC.; and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 12 CASE NO. 10-cv-2127 - IEG (NLS) ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE AMENDED PRELIMINARY INFRINGEMENT AND INVALIDITY CONTENTIONS Plaintiffs, 13 vs. [Doc. No. 94] 14 EBIOSCIENCE, INC., 15 Defendant. 16 17 Before the Court is the parties’ joint motion for leave to file amended preliminary 18 infringement and invalidity contentions. [Doc. No. 94.] Though such amendment is disfavored, it 19 may be allowed “upon a showing of good cause.” See Southern District of California Patent Local 20 Rule 3.7; see also CBS Interactive, Inc. v. Etilize, Inc., 257 F.R.D. 195, 201 (N.D. Cal. 2009) (the 21 “good cause” requirement disallows such contentions “from becoming moving targets throughout 22 the lawsuit.”). The parties claim amendment is justified here to reflect the results of the United 23 States Patent and Trademark Office’s reexamination of two of the patents-in-suit, United States 24 Patent Nos. 6,927,069 and 6,423,551. [See Doc. No. 94 at 2.] The parties further submit that their 25 amendments “will not result in any new substantive contentions,” nor “introduce any new claims 26 or claim elements,” nor “assert any new prior art.” [Id.] Thus, to this limited extent, the Court 27 finds good cause shown and hereby GRANTS the parties’ motion as follows: 28 /// -1- 10cv2127 1 2 /// 1. The parties shall file amended preliminary infringement and invalidity contentions no later than Friday, October 12, 2012; 2. 4 The parties’ amended contentions shall not contain any new substantive contentions, claims or claim elements, or prior art. 5 IT IS SO ORDERED. 3 6 7 DATED: October 5, 2012 _________________________________ IRMA E. GONZALEZ United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 10cv2127

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