Ely Holdings Limited v. O'Keeffe's, Inc.

I. INTRODUCTION

13 Plaintiffs Ely Holdings Limited and Greenlite Glass Systems Inc. move for leave to file a 14 second amended complaint against Defendant O’Keeffe’s, Inc. d/b/a SaftiFirst (“Safti”). The 15 Court held a hearing on January 31, 2020 regarding that motion, as well as a third-party discovery 16 issue that will be addressed in a separate order. For the reasons discussed below, Plaintiffs’ 17 motion for leave to amend is GRANTED. In the interest of avoiding a motion to dismiss that 18 would lead at most to another round of amendment, Plaintiffs may file a third amended complaint 19 no later than February 14, 2020. This order also addresses an issue of claim construction that 20 required supplemental briefing, which is resolved in Plaintiffs’ favor as discussed below.1

II. FURTHER CLAIM CONSTRUCTION ORDER

22 The Court previously resolved most of the parties’ claim construction disputes but 23 requested supplemental briefing as to aspects of one claim. See generally Claim Construction 24 Order (dkt. 112). The parties dispute the meaning of language in claim 24 of U.S. Patent No.

26 1 The parties have consented to the jurisdiction of the undersigned…