ALJ Grants-in-Part and Denies-in-Part Motion for Leave to File Second Amended Response to the Verified Amended Complaint
On October 13, 2009, ALJ Rogers granted-in-part and denied-in-part respondents’ motion for leave to file a second amended response to complainant’s verified amended complaint. The motion was granted-in-part because the amended response provided additional specificity to the affirmative defense of inequitable conduct, and that defense was previously plead, but not with the required level of particularity. The motion was denied-in-part with respect to new allegations regarding a specific reference that only appeared in the amended response and not in the original response. Inv. Nos. 337-TA-673, 667, In the Matter of Certain Electronic Devices, Including Handheld Wireless Communications Devices, U.S. Pat. Nos. 5,235,635, 5,530,597, 5,608,873. (PDF)
