SoClean, Inc. v. Sunset healthcare Solutions, Inc. (D. Mass. 20-cv-10351).

  • August 12, 2021

SoClean sued Sunset in early 2020, accusing Sunset of infringing a patent covering a system using ozone to sanitize CPAP devices. Judge Talwani has now granted Sunset’s motion for leave to amend its invalidity contentions to include new obviousness and indefiniteness contentions following her order construing the claims in SoClean’s favor. She noted that, pursuant to Local Rule 16.6(d)(5)(A), a claim construction that differs from that proposed by a party supports a finding of good cause for that party to amend its preliminary patent-related disclosures, without further need to show good cause. She noted that Sunset had sought the amendment promptly and that SoClean had not demonstrated any prejudice that would result from allowing the amendment. She also rejected SoClean’s argument that the proposed amended contentions were insufficiently detailed, determining that the sufficiency can be judged when the invalidity arguments are before the court.

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