Court Denies Barry’s Motion to Amend Infringement Contentions

May 13, 2016 – Plaintiff Dr. Mark Barry’s Motion for Leave to Supplement His Infringement Contentions was denied.  In his patent infringement suit against Defendant Medtronic, Inc., Dr. Barry sought to amend his infringement contentions to include an additional accused instrumentality.  Because the instrumentality was disclosed to Dr. Barry on November 19, 2015 and he did not seek to amend until February 25, 2016, the court found that Medtronic would be unfairly prejudiced by the amendments.  The court additionally considered that the amendments were submitted twelve days before the close of fact discovery and two months after the court issued its claim construction order, and further that Dr. Barry provided no reason for his delay.  The patents-at-issue in this case are U.S. Patent Nos. 7,670,358; 7,776,072; and 8,361,121 relating to a “System and method for aligning vertebrae in the amelioration of aberrant spinal column deviation conditions.”  The case is number 1:14-cv-104 and is pending before the United States District Court for the Eastern District of Texas.

By: Katherine E. Adams

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