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to and protect digital media devices such as iPod, iPhones, mobile phones and other mobile media
devices. The cut-off for non-expert discovery, July 31, 2015, is still six months away. (Dkt. 56.)
Expert discovery cut-off, September 4, 2015, and trial, November 2, 2015, are later still. (Id.)
On October 29, 2014, Aquatic timely served its Patent Local Rule 3-1 infringement
contentions, which asserted, in pertinent part, that Magnadyne infringed claims 16, 18, 19, and 22 of
the ‘756 patent based upon Magnadyne’s importing, making, using, selling or offering for sale its
“Aquavibe” digital media docking stations in combination with Magnadyne’s wireless remote
controls (the “Wireless Remotes”). (Bohrer Decl., Ex. A.)
Aquatic also determined that Magnadyne combines wired remote controls model nos. WRC-
100, WRC-150, WRC-200, WRC-250, WRC-300, and WRC-350 (the “Wired Remotes”) with its
accused docking stations. Based upon publicly available sales literature, Aquatic included the
Wired Remotes in its infringement chart describing Magnadyne’s infringement of ‘081 patent.
1
However, samples of the Wired Remotes are not publicly available, making it difficult to ascertain
whether they also satisfied the “detachably coupled” term in the ‘756 patent. (Bohrer Decl., ¶6.)
Accordingly, no assertion of infringement by the Wired Remotes was made in the original
infringement contentions. (Id.) Aquatic did not want to assert an infringement claim against the
combination of the Magnadyne docking station with the Wired Remote with regard to the ‘756
patent claims (incorporating the “detachably couples” limitation) without first having received a an
actual sample of the Wired Remote to determine whether the Wired Remote met that limitation.
(Id.)
On November 11, 2014, defendants served notice of their intent to move for summary
judgment of non-infringement of the ‘756 patent within 60 days. Aquatic cooperated with
defendants in conducting expedited discovery reasonably needed by Aquatic to respond to the
anticipated motion. (See Am. Decl. of David C. Bohrer Regarding Defendants’ Motion to Stay
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The ‘081 patent infringement chart was produced as Appendix C to Aquatic’s original
infringement contentions. The Wired Remotes were inadvertently not identified in the Patent Local
Rule 3-1(b) list of accused instrumentalities that accompanied this infringement chart. The
requested amendments address this issue by conforming Aquatic’s previous Rule 3-1(b) disclosures
to identify the Wired Remotes whose infringement was previously charted with the original ‘081
infringement contentions.
-2-
AQUATIC’S NOT. OF MOT. AND MOT. FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS
Case No. 3:14-cv-01931-WHA
Case3:14-cv-01931-WHA Document87 Filed02/03/15 Page3 of 7
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