PersonalWeb Technologies LLC v. EMC Corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7

PERSONALWEB TECHNOLOGIES LLC,

8 et al., Case No. 5:13-cv-01358-EJD

9 Plaintiffs, ORDER GRANTING DEFENDANTS’

MOTION FOR LEAVE TO AMEND

10 v. INVALIDITY CONTENTIONS;

DENYING DEFENDANTS’ MOTION

11 EMC CORPORATION, et al., FOR LEAVE TO FILE

SUPPLEMENTAL CLAIM

12 Defendants. CONSTRUCTION BRIEFING

13 Re: Dkt. Nos. 71, 73

14 On October 4, 2019, Defendants moved for leave to amend its invalidity contentions. Dkt. 15 71. Pursuant to Local Patent Rule 3-6, this Court may grant leave to amend upon a showing of 16 “good cause.” The Court concludes good cause has been shown because: (1) Defendants were not 17 required to raise a Section 101 defense when this case was originally brought in Texas; (2) other 18 courts have held that the Alice decision provides good cause for amendment, see Mortg. Grader, 19 Inc. v. First Choice Loan Servs. Inc., 811 F.3d…