Intellectual Ventures I LLC, et al. v. Toshiba Corporation, et al., C.A. No. 13 – 453- SLR, September 7, 2016.
Robinson, J. Defendants’ motion for leave to amend their amended answers is granted.
April 24, 2015 was the deadline to amend pleadings. An amended schedule provided that facto discovery was to close March 11, 2016 and expert discovery by July 1, 2016. On June 15, 2016 defendants moved to include a defense of improper inventorship. Defendants seek to invalidate the patent rather than obtain a certificate of correction. The patent issued 17 years before this motion was filed. Defendants claim they could not have filed the motion before the purported inventor’s deposition was taken. The court bifurcates the new defense for discovery and separate motion practice and trial.
