(a) Amendment of the Disclosure of Asserted Claims and Infringement Contentions
or the Disclosure of Non-Infringement, Invalidity and Unenforceability
Contentions may be made by order of the Court, upon a timely application and
showing of good cause, following the procedures required under Local Rule
7.1(a)(2) for applying to an assigned magistrate judge for non-dispositive relief.
The application shall disclose whether the adverse party consents or objects.
Non-exhaustive examples of circumstances that may, absent undue prejudice to
the adverse party, support a finding of good cause include:
(1) a claim construction by the Court different from that proposed by the party
seeking amendment;
(2) recent discovery of material prior art not previously discovered despite an
earlier diligent search; and
(3) recent discovery of nonpublic information about the Accused
Instrumentality which was not discovered, despite diligent efforts, before
the service of the Infringement Contention.
(b) The duty to supplement discovery responses under Fed. R. Civ. P. 26(e) does not
excuse the need to obtain leave of Court to amend contentions.
Rule 4 Claim Construction Proceedings
