Uniloc 2017, LLC v. Apple Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNILOC 2017 LLC, Case No. 19-cv-01697-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. AMEND; GRANTING IN PART AND

DENYING IN PART MOTION TO

APPLE, INC., STRIKE

Defendant. Re: Dkt. Nos. 92,

1. Uniloc’s motion to amend its infringement contentions is granted for good cause. See Patent Local R. 3-6. Uniloc timely moved to amend its contentions upon receipt of material, non- public information regarding the Apple Watch, and Apple has not demonstrated that it will suffer prejudice as a result of the amendment. In any event, the original infringement contentions impermissibly charted the Apple Watch along with the iPhone and iPad. See Patent Local R. 3- 1(c); Finjan, Inc. v. Check Point Software Technologies, Inc., 2019 WL 955000, at *3 (N.D. Cal. Feb. 27, 2019). The Court would have ordered Uniloc to file compliant infringement contentions, rather than impose the “severe sanction” of striking the contentions outright. SpeedTrack, Inc. v. Amazon.com, Inc., 2018 WL 3328423, at *3 (N.D. Cal. Jul. 6, 2018). The amended contentions remedy this…