Re: Thoughts on the Barco ruling......Ron
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posted on
Feb 25, 2012 01:40AM
From the June 15th, 2011 Pacer:
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.
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,3 the
4 After it filed the instant motions, TPL withdrew its request to add several newlyaccused
products in the Acer and Barco actions.Court denied TPL’s motion to amend its contentions with respect to United States Patent No.6,598,148 (“the ‘148 patent”) and the ‘749 and ‘890 patents, finding that TPL had not been diligent. Order Denying Defendants’ Motions to Amend Infringement Contentions, filed
September 10, 2010. TPL now renews its motion to amend its infringement contentions with respect to the ‘749 and ‘890 patents based upon subsequent activity by the USPTO.