(a) A party may amend its “Final Infringement Contentions”, “Final Non-Infringement
Contentions and Final Invalidity Contentions”, or “Final Responses to Invalidity Contentions” only
by order of the Court upon a showing of good cause and absence of unfair prejudice to opposing
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parties, made promptly upon discovery of the basis for the amendment. An example of a circumstance
that may support a finding of good cause, absent undue prejudice to the non-moving party, includes
a claim construction by the Court different from that proposed by the party seeking amendment. A
motion to amend final contentions due to the Court’s claim construction order shall be filed, with
proposed amendment(s) within fourteen (14) days of the entry of such claim construction order.
(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 final contentions.
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RULE 4
CLAIM CONSTRUCTION PROCEEDINGS
