Amersham Pharmacia Biotech, Inc. v. Perkin-Elmer Corp.

ORDER GRANTING MOTION TO AMEND CM L.R. 16-9(b) RESPONSE CHART

I. INTRODUCTION

On December 20, 1999, The Perkin-Elmer Corporation (“Perkin-Elmer”) moved, pursuant to Civil L.R. 16 — 6(d) and 16-9(c), for leave to amend its Civil L.R. 16 — 9(b) Response Chart (“Response Chart”) to add Japanese Patent Publication No. 5060698A, citing “excusable subsequent discovery” of this additional prior art reference (“the Motion”). In support of the Motion, Perkin-Elmer submitted the Declaration of Edward R. Reines (“Reines Deck”), with exhibits, and the Declaration of Michael W. Hunkapiller (“Hunka-piller Deck”). With its opposition to Perkin-Elmer’s Motion, Amersham Pharmacia Bio-tech, Inc. (“Amersham”) submitted a declaration from Jeffrey W. Guise (“the Guise Deck”), with exhibits. Having reviewed and considered all of the above, the Court GRANTS the Motion, for the reasons set forth below.

II. BACKGROUND

In November 1997 Amersham sued Per-kin-Elmer for infringement of U.S. Patent No. 5,688,648 (“the ’648 patent”). On September 17, 1998, after receiving from Am-ersham its Civil L.R. 16-9(a) Claim Chart, Perkin-Elmer served its Civil L.R. 16 — 9(b) Response Chart identifying those prior…