Amended and Final Contentions

a. As a matter of right, a party asserting infringement may serve Amended Infringement Contentions no later than the filing of the parties’ Joint Claim Construction Chart. Thereafter, absent undue prejudice to the opposing party, a party asserting infringement may only amend its infringement contentions: 80 1. If, not later than thirty (30) days after service of the Court’s Claim Construction Ruling, the party asserting infringement believes in good faith that amendment is necessitated by a claim construction that differs from that proposed by such party; or 2. Upon a timely motion showing good cause. b. As a matter of right, a party opposing a claim of patent infringement may serve Amended Invalidity Contentions no later than the completion of claim construction discovery.

Thereafter, absent undue prejudice to the opposing party, a party opposing infringement may only amend its validity contentions: 1. If a party claiming patent infringement has served Amended Infringement Contentions, and the party opposing a claim of patent infringement believes in good faith that the Amended Infringement Contentions so require; 2. If, not later than fifty (50) days after service of the Court’s Claim Construction Ruling, the party opposing infringement believes in good faith that amendment is necessitated by a claim construction that differs from that proposed by such party; or 3. Upon a timely motion showing good cause.

This rule does not relieve any party from its obligations under Fed. R. Civ. P 26 to timely supplement disclosures and discovery responses.