SiOnyx, LLC et al. v. Hamamatsu Photonics K.K. et al. (15-cv-13488).

Judge Saylor granted Defendants’ motion to partially strike SiOnyx’s Fourth Amended Initial Contentions.  SiOnyx had sought to reintroduce a claim that had been initially asserted but voluntarily dropped because it was undergoing inter partes review.  After the IPR decision upheld the claim, only two days before defendants’ expert was to be deposed and subsequent to opening and rebuttal expert briefs, SiOnyx served the amended contentions with the claim re-added.  Judge Saylor noted that there was no good cause shown to permit reinsertion of the claim into the case, and that (to the extent SiOnyx believed it needed to wait on the PTAB’s decision, it was free to seek to stay or modify the schedule.  Defendants were entitled to rely on SiOnyx’s decision to withdraw the claim.

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