ORDER RE: MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS (Re: Docket No. 70)

PAUL S. GREWAL, Magistrate Judge.

Before the court is Plaintiff Sentius International, LLC's motion for leave to amend infringement contentions1 to add three dependent claims in this case following the court's claim construction order2 issued in January. Defendant Microsoft Corporation opposes. Pursuant to the Civil L.R. and at the invitation of the parties, the court finds this dispute suitable for disposition on the papers.3

Although Microsoft takes issue with Sentius' diligence in seeking leave, the court finds Sentius moved with adequate diligence following an adverse claim construction ruling.4 Microsoft's more compelling argument centers on the prejudice it might face by adding dependent claims into the mix in this case. To mitigate any prejudice, the court will permit Sentius to supplement its infringement contentions with three additional dependent claims, but it must drop three additional claims in the process from the `633, `731 or `985 patents and keep the total number of asserted claims within the three remaining patents at twenty-nine.5 With trial set for February of 2015, plenty of trial preparation time remains. The court also will entertain requests for relief from the case scheduling order should either party benefit from some reshuffling of intermediate deadlines. The court similarly will entertain requests for additional construction triggered by the addition of these dependent claims.

IT IS SO ORDERED.