Filed: Jun. 06, 2014
Latest Update: Jun. 06, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO AMEND CONTENTIONS JON S. TIGAR, District Judge. Pursuant to Civil Local Rule 7-1, it is hereby stipulated by and between Plaintiff Icon-IP Pty Ltd. ("Icon") and Defendant Specialized Bicycle Components, Inc. ("Specialized"), by and through their respective counsel of record that Icon should be allowed to amend its Infringement Contentions as set forth in Plaintiff's Second Amended L.P.R. 3.1 Disclosure of Asserted Claims and Infringement Contentions, a
Summary: STIPULATION AND [PROPOSED] ORDER TO AMEND CONTENTIONS JON S. TIGAR, District Judge. Pursuant to Civil Local Rule 7-1, it is hereby stipulated by and between Plaintiff Icon-IP Pty Ltd. ("Icon") and Defendant Specialized Bicycle Components, Inc. ("Specialized"), by and through their respective counsel of record that Icon should be allowed to amend its Infringement Contentions as set forth in Plaintiff's Second Amended L.P.R. 3.1 Disclosure of Asserted Claims and Infringement Contentions, a ..
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STIPULATION AND [PROPOSED] ORDER TO AMEND CONTENTIONS
JON S. TIGAR, District Judge.
Pursuant to Civil Local Rule 7-1, it is hereby stipulated by and between Plaintiff Icon-IP Pty Ltd. ("Icon") and Defendant Specialized Bicycle Components, Inc. ("Specialized"), by and through their respective counsel of record that Icon should be allowed to amend its Infringement Contentions as set forth in Plaintiff's Second Amended L.P.R. 3.1 Disclosure of Asserted Claims and Infringement Contentions, a copy of which is attached hereto as Exhibit A, and Specialized should be allowed to amend its Invalidity Contentions as set forth in Specialized's Amended Invalidity Contentions, a copy of which is attached hereto as Exhibit B.
Pursuant to Patent Local Rule 3-6, amendments to Invalidity and Infringement Contentions are to be made upon a showing of good cause. Rule 3-6 lists non-exhaustive examples of circumstances supporting a finding of good cause, including a claim construction by the Court different from that proposed by the party seeking amendment. Here, good cause exists because Icon and Specialized are amending their contentions in view of the Court's constructions of disputed claim terms, as set forth in the Court's April 16, 2014 order.
Icon and Specialized have already exchanged their proposed Amended Contentions. Neither Icon nor Specialized it unduly prejudiced by the amendments to the Contentions.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Having reviewed the Stipulation filed by the parties pursuant to Local Rule 7-1, and finding that good cause exists pursuant to N.D. Cal. Patent L.R. 3-6 to amend the Invalidity Contentions of Specialized Bicycle Components, Inc. and to amend the Infringement Contentions of Icon-IP Pty Ltd.,
IT IS HEREBY ORDERED that Specialized Bicycle Components, Inc. is allowed to amend its Invalidity Contentions, as set forth in Specialized's Amended Invalidity Contentions, and Icon-IP Pty Ltd. is allowed to amend its Infringement Contentions, as set forth in Plaintiff's Second Amended L.P.R. 3.1 Disclosure of Asserted Claims and Infringement Contentions. PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED.
