Softvault Systems, Inc. v. Microsoft Corp., 2007 WL 1342554(E.D.Tex. May 04, 2007) (NO. 2:06-CV-16)
Judge: Leonard Davis
Holding: Motion for Leave to Amend Disclosure of Asserted Claims and Infringement Contentions DENIED
Microsoft didn't oppose the part of this motion which sought to add two additional products, but it opposed the rest, and Judge Davis denied the motion.
Six months after filing its initial PICs the plaintiff sought leave to amend them to change the asserted priority date of the claims at issue. Judge Davis reiterated the four-part test for amending contentions and pointedly noted that under element one, the explanation for failure to meet a deadline "a party's failure to meet a deadline due to mere inadvertence 'is tantamount to no explanation at all'" citing S & W Enters., L.L.C. v. Southtrust Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir.2003). Finding that the grounds for the change consisted of publicly available information which should have been included in the original PICs, and not information obtained from the defendant in discovery, Judge Davis denied the motion.