WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 272

ORDER granting 209 Sealed Motion for Leave to Supplement Infringement Contentions; denying 212 Motion for Protective Order. Signed by Judge Leonard Davis on 12/04/12. cc:attys 12-04-12 (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WI-LAN INC., Plaintiff, v. ALCATEL-LUCENT USA INC., ET AL., Defendants. § § § § § § § § § § CASE NO. 6:10-CV-521-LED Jury Trial Demanded ORDER Before the Court are Wi-Lan Inc.’ Motion for Leave to Supplement Infringement Contentions (Dkt. No. 209), and Defendants’ Sony Mobile Communications AB and Sony Mobile Communications (USA) Inc. (“Sony Mobile”) Motion for Protective Order (Dkt. No. 212). The Court hereby GRANTS Wi-Lan Inc.’s Motion and DENIES Sony Mobile’s Motion. Defendants Alcatel-Lucent USA Inc., Telefonaktiebolaget LM Ericsson, and Ericsson Inc. do not oppose Wi-Lan’s Motion for leave to supplement infringement contentions with additional product names. Defendants Sony Mobile Communications AB; Sony Mobile Communications (USA) Inc., HTC Corporation, HTC America, Inc. and Exedea, Inc. (“Opposing Defendants”) however do oppose the addition of some of the products to the infrigement contentions. Given that the possible prejudice to the Opposing Defendants is minimal, and that no continuance is necessary if leave to supplement is granted, Plaintiff is hereby GRANTED leave to supplement its infrigement contentions with the product names identified in its Motion. The Sony Mobile Defendants request that the Court grant a protective order barring WiLAN from obtaining discovery related to products that were not accused in its original infrigement contentions. Sony Mobile argues that because the additional products were not listed in the original infrigement contentions and Wi-Lan moved belatedly for leave to amend its infrigement contentions, Wi-Lan should be barred from obtaining discovery related to such products. Since the Court has granted leave for Wi-Lan to amend its infringement contentions, the Court DENIES Sony Mobile’s Motion for Protective Order. Wi-Lan may obtain discovery related to the products listed in its amended infrigement contentions. So ORDERED and SIGNED this 4th day of December, 2012. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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