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`AGIS SOFTWARE DEVELOPMENT
`LLC,
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` Plaintiff,
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`v.
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`SAMSUNG ELECTRONICS CO., LTD.,
`ET AL.,
`
` Defendants.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`ORDER
`
`
`Case No. 2:22-cv-00263-JRG-RSP
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`The Court held a Motion Hearing in the above-captioned case on August 21, 2023,
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`regarding motions to amend filed by Plaintiff AGIS Software Development LLC (“AGIS”), (Dkt.
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`No. 72; Dkt. No. 82). For the reasons orally assigned and as further provided below, the motions
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`are GRANTED as follows:
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`Plaintiff’s Motion for Leave to Amend its Disclosures of Asserted Claims and Infringement
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`Contentions comes too late in the current schedule to simply be granted. The fact that the
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`complaint was amended to name the additional functionality of “Find My Device” (FMD), does
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`not automatically entitle Plaintiff to amend its infringement contentions. Such an amendment can
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`only be accomplished, with an exception not applicable here, by leave of Court. (Local Patent Rule
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`3-6(b)). The cause shown by Plaintiff is not sufficient to outweigh the prejudice to Samsung by
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`introducing, with only two months left in fact discovery, a new basis for infringement that
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`Samsung has shown may require discovery from third parties. However, Plaintiff has shown that
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`there is significant judicial economy in resolving all issues in this proceeding, rather than requiring
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`a separate lawsuit. Furthermore, Samsung conceded at the hearing that if the amendment had been
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`made with sufficient time remaining in the schedule, it would have no basis to object.
`1
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`Case 2:22-cv-00263-JRG-RSP Document 115 Filed 08/24/23 Page 2 of 2 PageID #: 8115
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`Accordingly, to remedy any prejudice caused by allowing the amendment, it is
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`ORDERED that the Docket Control Order be amended to reflect a new jury selection date of July
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`8, 2024, with a pretrial conference on June 5, 2024, at 9:00 a.m., and a new Claim Construction
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`Hearing date of November 3, 2023, at 9:00 a.m. Counsel are directed to meet and confer regarding
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`the other related dates and file a Joint Motion attaching a new DCO within 10 days. The Court also
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`notes that Dkt. Nos. 100, 94, and 83 are MOOT in light of this order.
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`
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`Plaintiff’s Motion for Leave to Amend P.R. 4-3 Disclosures, Dkt. No. 82, is also
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`GRANTED. Counsel are directed to confer concerning any other terms that either side deems
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`disputed and submit a Joint Notice within 10 days concerning any agreements or disputes
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`regarding additional briefing in advance of the November 3 hearing.
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`2
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`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
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`SIGNED this 3rd day of January, 2012.
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`SIGNED this 24th day of August, 2023.
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