Defendant’s Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Failed to Show Good Cause for Amendment Based on Court Declining to Construe Certain Claims
Farpointe claimed that two events led to the changes it sought to make to the invalidity contentions. First, Farpointe asserted that the claim construction prompted it to revisit the invalidity contentions as a result of the district court’s declining to construe certain terms which broadened the claim terms beyond Farpointe’s initial understanding. The district court rejected this argument.
“Farpointe does not seem to argue that prior to the claim construction, it was unaware of the patents and HID Global products it seeks to add; rather, Farpointe argues that the construed claims “broadened the scope” of what could be considered prior art, and that the proposed additions fall into that new scope. . . . Farpointe, however, does not explain what characteristics of the proposed patents or HID global products match the supposedly “broadened” claims that the Court adopted. In other words, Farpointe does not show why its proposed addition as are prior art now and were not prior art before the claims were construed. Farpointe states that the MaxiProx Reader and Installation Manual “include aspects of the antenna arrangements as required in many of the asserted claims of the ’862 patent,” but Farpointe does not explain how that became evident only after the claim construction. Similarly, Farpointe argues that aspects of the programmable interrogatory in the ’935 patent are described in the patents Farpointe seeks to add, but again, Farpointe does not explain how that came to light only after the claim construction. Farpointe’s examples
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