a. As a matter of right, a party asserting infringement may serve Amended Infringement Contentions no
later than the filing of the parties’ Joint Claim Construction Chart. Thereafter, absent undue prejudice
to the opposing party, a party asserting infringement may only amend its infringement contentions:
1. If, not later than thirty (30) days after service of the Court’s Claim Construction Ruling, the party
asserting infringement believes in good faith that amendment is necessitated by a claim
construction that differs from that proposed by such party; or
2. Upon a timely motion showing good cause.
b. As a matter of right, a party opposing a claim of patent infringement may serve Amended Invalidity
Contentions no later than the completion of claim construction discovery. Thereafter, absent undue
prejudice to the opposing party, a party opposing infringement may only amend its validity
contentions:
1. If a party claiming patent infringement has served Amended Infringement Contentions, and the
party opposing a claim of patent infringement believes in good faith that the Amended
Infringement Contentions so require;
2. If, not later than fifty (50) days after service of the Court’s Claim Construction Ruling, the party
opposing infringement believes in good faith that amendment is necessitated by a claim
construction that differs from that proposed by such party; or
3. Upon a timely motion showing good cause.
This rule does not relieve any party from its obligations under Fed. R. Civ. P 26 to timely supplement
disclosures and discovery responses.
