A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Addition to Infringement Contentions Denied

In a July 17, 2013 ruling, Judge Richard J. Sullivan denied plaintiff Princeton Digital Image Corporations request to add infringement contentions against defendant Hewlett-Packard, Co.  Judge Sullivan cited the standard applied by other Courts in the District -- that "infringement contentions may only be amended to add claims '(1) on stipulation of the parties; (2) upon showing of excusable subsequent discovery of new information; or (3) upon a showing of clearly excusable neglect'" -- and ruled that "Plaintiff has provided no explanation, much less a sufficient one -- for its delayed request." 
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