Friday, March 26, 2010

Amendment of Infringement Contentions Permitted Despite Public Availability of Information Addressed by Amendment

The court granted plaintiff's motion to amend its infringement contentions despite defendant's argument that "the information providing the basis for the amendment was publicly available. . . . This case is similar to [American Video Graphics, L.P. v. Elec. Arts, Inc., 359 F. Supp. 2d 558 (E.D. Tex. 2005)] insofar as both of these software cases involve alleged-infringing products that require analysis of highly technical information that is not necessarily apparent in the products’ final manifestation. While the final manifestation of [defendant's] products and some of the technical information underlying them may have been publicly available . . . this does not mean [plaintiff] could have meaningfully utilized that information in making its preliminary infringement contentions."

Prism Technologies v. Research in Motion, Ltd. et al., 8-08-cv-00537 (NED March 24, 2010, Memorandum Order) (Strom, J.)

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