Electronic Scripting Products, Inc. v. HTC America, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 ELECTRONIC SCRIPTING PRODUCTS, Case No. 17-cv-05806-RS (RMI)
INC.,
9 Plaintiff, ORDER RE: DEFENDANT’S REQUEST TO AMEND INVALIDITY v. CONTENTIONS 11 HTC AMERICA INC., Re: Dkt. No. 130 12 Defendant. 13 Now pending before the court is a jointly-filed letter brief through which Defendant seeks leave to amend its invalidity contentions in order “to add an additional invalidity defense of improper inventorship under 35 U.S.C. § 102(f).” Ltr. Br. (dkt. 130) at 2. Plaintiff opposed this motion based on the below-discussed reasons – none of which are persuasive. Accordingly, Defendant’s request for leave to amend is granted. This Court’s Local Patent Rules require parties to identify their respective infringement and invalidity theories early in the litigation. See Patent L.R. 3-1, 3-3. Once served, the infringement and invalidity contentions frame the parties’ respective theories,…