No Amendments And No Stay

Adaptix v. ZTE Corporation, et al. (Magistrate Grewal)

Magistrate Grewal recently issued two orders in related cases between plaintiff Adaptix and various defendants.

In the first order, he denied plaintiff's request to amend its preliminary infringement contentions to reassert a theory of contributory infringement and add four additional accused products. Plaintiff argued that it learned of new information from a third-party deposition that gave rise to its contributory infringement theory and was diligent because it waited only 18 days after the deposition to seek amendment. Magistrate Grewal disagreed and noted that plaintiff's proposed contentions say nothing about the supposed new information learned at the deposition and instead are based on allegations focused generally on the sales of handset themselves—allegations that are found in plaintiff's original complaint. Since plaintiff originally pleaded a contributory infringement theory and then abandoned it in