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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?