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Limited Amendments Of Infringement Contentions During Discovery Are Consistent With The Federal Discovery Rules

Client Alert | 1 min read | 11.21.06

In 02 Micro International Ltd. v. Monolithic Power Systems, Inc., (No. 06-1064; November 15, 2006), the Federal Circuit affirms the district court's denial of leave to amend infringement contentions and supplementation of an expert report. Local rules require parties to state infringement contentions early in the litigation, with the ability to amend the contentions to account for the district court's claim construction. All other amendments to infringement contentions are allowed only for good cause which requires a showing of diligence.

The Federal Circuit holds that the requirement of the local rules to amend contentions with diligence after discovery of new information is consistent with the Federal Rules of Civil Procedure by balancing the right to develop new information in discovery with the need for certainty of legal theories. As 02 Micro did not provide sufficient evidence that it acted with diligence during the three month delay between discovery of new information and amendment of the infringement contentions, the Federal Circuit holds that the district court's denial of leave to amend infringement contentions was not unreasonable or arbitrary.

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Client Alert | 1 min read | 04.18.24

GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings

On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS).  Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:...