Before the Court is Plaintiffs Technology Properties Limited and Patriot Scientific
Corporation’s Motion for Leave to Serve Amended Preliminary Infringement Contentions (#222).
Defendants NEC and Toshiba do not oppose this motion. As for the other defendants, the plaintiffs
have agreed to amend their proposed Amended Preliminary Infringement Contentions to correspond
to the claim charts provided to the defendants in December 2006. With this understanding, the Court
finds that the plaintiffs have shown good cause to amend their preliminary infringement contentions
and that the defendants will not be prejudiced. Accordingly, the motion is GRANTED.
Case 2:05-cv-00494-TJW Document 258 Filed 06/12/2007 Page 1 of 1

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Now, more than four months after the Court’s November order—and more than eight
months after TPL’s infringement contentions were originally due—TPL asks the Court to allow
it to amend its infringement contentions. TPL argues that it should be allowed to amend its
infringement contentions at this late date because it supposedly identified the products it seeks to
add long ago. See TPL’s Motion at 12-13. But this is not true at all. Over the last eight months,
TPL has presented defendants with ever-changing representations about the chips it seeks to
include in this case. Rather than filing infringement contentions promptly after the Court’s
November order, TPL repeatedly and substantially modified its proposed set of new accused
chips. Attached as Exhibit A is a set of tables that show TPL’s ever-changing positions.
Defendants would be greatly prejudiced if they were now required to conduct time
consuming and expensive discovery on hundreds of new chips with trial merely seven months
away, the Markman hearing in two weeks, and expert reports and summary judgment motions
coming due soon. Moreover, permitting TPL to amend its infringement contentions now would
undermine the purpose of infringement contentions under the Patent Local Rules, which require
a patent plaintiff to set forth its infringement contentions before discovery and the claim
construction process begins, not after. TPL should not be allowed to proceed on a set of

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