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Other Statutes: Environmental Matters | Pennsylvania Eastern
Notice of Hearing
NOTICE of Hearing: STATUS CONFERENCE IS SET FOR 10/22/2026 at 1:00 PM VIA TELEPHONE BEFORE DISTRICT JUDGE KAI N. SCOTT. MAILED TO COUNSEL AND UNREPS. (Attachments: # 1 1(a) Status Report Fillable Form)(ahf)
Patent | New Jersey
Text Order
TEXT ORDER: The Court has carefully reviewed the parties' supplemental briefing at Dkt. Nos. 42 - 44 , which expanded upon the parties' arguments made within their joint discovery dispute letter at Dkt. No. 37 . As to the parties' first dispute, the Court finds the issue is not properly presented as the parties are unclear on which standard applies to evaluate this dispute. According to the parties' submissions, Plaintiff already served Defendant with amended infringement contentions, with consent of Defendant "in-part," after the parties met and conferred. See Dkt. No. 37 at 1. Thereafter, Defendant subsequently took issue with one product alleged within those amended infringement contentions--the Avaya Infinity product. Defendant refers to the issue as an objection to Plaintiff's amendment; however, Defendant's argument reads as a request to strike the Avaya Infinity from Plaintiff's contentions. As the parties are well aware, a motion for leave to amend contentions involves a different standard than a motion to strike contentions. Further, it is not clear to the Court whether the Avaya Infinity product was included within Plaintiff's original June 22, 2026 contentions or not. Thus, this dispute may proceed in one of three ways: (1) the parties shall file one joint letter advising that the dispute has resolved; (2) Defendant shall file a formal motion to strike Plaintiff's amended infringement contentions on the narrow issue of the Avaya Infinity product; or (3) Plaintiff shall file a formal motion to amend its contentions to "add" the Avaya Infinity product. No later than October 8, 2026, the parties shall meet and confer to discuss the proposed next steps noted above. No later than October 22, 2026, the parties shall choose one of the three procedural pathways for the Court's consideration. Separately, the parties' second dispute regarding the sufficiency of Plaintiff's indirect and contributory infringement contentions is DENIED WITHOUT PREJUDICE as the Court is not persuaded that this issue is ripe for the Undersigned's review. The record makes clear that Defendant's arguments as to this dispute substantially overlap with or are similar to its arguments currently pending before the District Judge in its motion to dismiss. See Dkt. Nos. 23 , 42 at 15, 43 at 15. Thus, to avoid the potential for duplicate or conflicting opinions, the second dispute is DENIED WITHOUT PREJUDICE. So Ordered by Magistrate Judge Jose R. Almonte on 9/30/2026. (akw, )
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