(a) Amendment or modification of the Preliminary or Final Infringement
Contentions or the Preliminary or Final Invalidity Contentions, other than
as expressly permitted in Local Civil Rule 303.6, may be made only as
expressly permitted by Local Civil Rule 303.6, or within 30 days of the
discovery of new information relevant to the issues of infringement or
invalidity. Otherwise, amendment or modification shall be made only by
order of the court, which shall be entered only upon a showing of good
cause.
(b) Non-exhaustive examples of circumstances supporting a finding of good
cause can include at least the following:
(1) A claim construction by the court different from that proposed by
the party seeking amendment;
(2) Information newly discovered or confirmed, through due diligence,
regarding an accused product or prior art;
(3) Information discovered, confirmed, or provided by a party’s
consultant or expert after a party’s contentions have been served;
(4) New product launches;
(5) Amendments to the complaint or counterclaim adding or removing
one or more asserted patents; and
(6) Information learned from or positions taken by another party during
the exchange of contentions set forth in Local Rules 303.1 through
303.5.
