PersonalWeb Technologies LLC v. EMC Corporation

Opinion

1 2 3 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 1314, 1322 (Fed. Cir. 2016); and (3) no unfair 20 prejudice to Plaintiff would result. See Dkt. 71 at ECF 3–5. Accordingly, Defendants’ motion for 21 leave to amend its invalidity contentions is GRANTED. Defendants, however, are instructed to 22 file joint briefing with Defendants Facebook and Google/YouTube (who are subject to similar 23 PersonalWeb actions) pursuant to this Court’s October 10, 2019 order. The parties were 24 instructed to file a status report as to all three of the cases. The motion is tentatively set to be 25 heard on December 19, 2019. 26 On October 11, 2019, Defendants filed a motion for leave to file supplemental claim 27 Case No.: 5:13-cv-01358-EJD ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO AMEND INVALIDITY 1 construction briefing. Dkt. 73. Because the Alice ruling could moot Defendants’ claim 2 || construction argument, the Court dismisses the motion for leave to file supplemental claim 3 construction briefing without prejudice and instructs Defendants to re-file the motion (if 4 || necessary) after the Court rules on the Alice issue. 6 Dated: October 15, 2019 7 EDWARD J. DAVILA 8 United States District Judge 9 10 11 12

© 15 16 & 17 Z 18 19 20 21 22 23 24 25 26 27 Case No.: 5:13-cv-01358-EJD ORDER GRANTING DEFENDANTS’ MOTION FOR LEAVE TO AMEND INVALIDITY 28 || CONTENTIONS; DENYING DEFENDANTS’ MOTION FOR LEAVE TO FILE SUPPLEMENTAL CLAIM CONSTRUCTION BRIEFING