Arbmetrics, LLC v. Dexcom Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ARBMETRICS, LLC, an Ohio limited Case No.: 18-CV-134-JLS (KSC) liability company,

ORDER GRANTING MOTION FOR

Plaintiff, RECONSIDERATION v. 14 DEXCOM, INC., a Delaware corporation, (ECF No. 49) 15 Defendant. 16 17 Presently before the Court is Plaintiff’s Motion for Reconsideration (“Mot.,” ECF No. 49), requesting the Court reconsider its conditional dismissal with prejudice of Plaintiff’s willful infringement claim. Also before the Court is Defendant’s Response in Opposition to (“Opp’n,” ECF No. 53) and Plaintiff’s Reply in Support of (“Reply,” ECF No. 54) the Motion. Generally, reconsideration of a prior order is “appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J, Multnomah Cty. v. ACandS, Inc., F.3d 1255, 1263 (9th Cir. 1993). Reconsideration is…