New Pacer--ORDER1 GRANTING IN PART AND DENYING IN PART DEFENDANTS’
MOTIONS TO AMEND INFRINGEMENT CONTENTIONS
BARCO N.V., a Belgian Corporation Case No. 5:08-cv-05398 JF/HRL
Plaintiff,
v.
TECHNOLOGY PROPERTIES LTD.,
PATRIOT SCIENTIFIC CORP.,
ALLIACENSE LTD.,
Defendants.
ORDER1 GRANTING IN PART AND DENYING IN PART DEFENDANTS’
MOTIONS TO AMEND INFRINGEMENT CONTENTIONS
Defendants Technology Properties Ltd., Patriot Scientific Corp., and Alliacense, Ltd.
(collectively, “TPL”) seek leave to amend their infringement contentions with respect to United
States Patent Nos. 5,530,890 (“the ‘890 patent”) and 5,440,749 (“the ‘749 patent”) in each of the
above-captioned actions.2 The Court heard oral argument on April 22, 2011. Because TPL
seeks to assert certain claims that it reasonably could not have asserted prior to the
reexamination of the patents, the motions will be granted in part and denied in part.
I. BACKGROUND
TPL first sought to amend its preliminary infringement contentions nearly one year ago,
after this Court lifted a stay that was imposed pending reexamination of several of the patents-insuit
by the United States Patent and Trademark Office (“USPTO”). Although TPL was
permitted to amend its infringement contentions at that time with respect to the ‘336 patent
JW ORDER SETTING CASE MANAGEMENT CONFERENCE
On September 1, 2011, these realted cases were reassigned to this Court from Judge
Fogel. (See Docket Item No. 291.) In light of the reassignment, the parties shall appear for a
Case Managmement Conference on October 3, 2011 at 10 a.m. On or before September 23,
2011, the parties shall file a Joint Case Management Statement. The Statement shall include,
inter alia, a brief descripton of the Patents-in-Suit, the status of the case, and the parties' proposed
schedule on how these cases should proceed.
Dated: September 8, 2011
Signed By
JAMES WARE
United States District Chief Judge