`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CYWEE GROUP LTD.,
`
`Plaintiff,
`
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`ORDER
`
`No. 2:17-CV -00140-RWS-RSP
`
`In this patent case, the Court now considers Defendants’ Motion to Strike Plaintiff
`
`CyWee Group Ltd.’s Untimely Infringement Charts [Dkt. # 41]. Defendants allege Plaintiff
`
`is attempting to add additional Samsung products to its infringement contentions by way
`
`of new claim charts served two months after its initial contentions were due. CyWee, how-
`
`ever, has since moved for leave to amend its contentions. See Pl.’s Mot. for Leave to
`
`Amend Its Infringement Contentions [Dkt. # 44].1
`
`Because the Court has not entered a claim construction ruling in this case, CyWee
`
`can only amend its infringement contentions by leave of Court, which requires a showing
`
`of good cause. P.R. 3-6(b). CyWee, however, had not moved for leave when Defendants
`
`1 CyWee filed its motion for leave to amend two days after responding to the present mo-
`tion.
`
`1 / 2
`
`
`
`Case 2:17-cv-00140-RWS-RSP Document 58 Filed 01/22/18 Page 2 of 2 PageID #: 1481
`
`moved to strike. Therefore, the additional claim charts had no operative effect at the time
`
`Defendants filed their motion, and have no operative effect on this case unless and until
`
`the Court grants leave to amend.
`
`Put another way,
`
`the present motion
`
`is unnecessary. Accordingly,
`
`the
`
`Court DENIES Defendants’ Motion [Dkt. # 41], and will consider CyWee’s motion
`
`for leave separately.
`
`2 / 2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
