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NOTICE OF MOTION AND MOTION FOR LEAVE TO
AMEND INFRINGEMENT CONTENTIONS
PLEASE TAKE NOTICE that on March 12, 2015 at 8:00 a.m. or as soon thereafter as
counsel may be heard in Courtroom 8 of the above-entitled Court, located at 450 Golden Gate
Avenue, San Francisco, California, Plaintiff Aquatic AV, Inc. (“Aquatic”) will, and hereby does,
move for an order for leave to amend its infringement contentions. This motion is based on this
Notice of Motion and Motion, the Memorandum of Points and Authorities herein, the attached
declaration of David C. Bohrer in support of this Motion, which includes the submission of the
proposed amended infringement contentions, the complete record in this action, and any such other
evidence as may be submitted at the hearing of this Motion.
I. INTRODUCTION
Aquatic seeks leave to amend its infringement contentions so they conform to discovery and
technical analysis conducted by Aquatic in response to defendants’ expedited motion for summary
judgment of non-infringement of the ‘756 patent (Dkt. 79). The specific proposed amendments are
submitted as Exhibits A and B to the accompanying Declaration of David C. Bohrer in support of
Motion for Leave to Amend Infringement Contentions (“Bohrer Decl.”) There is good cause for
allowing the amendments based upon Aquatic’s diligence in seeking amendment soon after it
obtained samples of the Magnadyne wired remote controls that are the subject of this request to
amend infringement contentions, deposed Magnadyne’s corporate representative on the ability to
attach and detach the wired remote controls from Magnadyne’s docking stations, and confirmed
infringement with Aquatic’s consulting technical expert (who has included the accused wired
remote controls in his declaration submitted in support of Aquatic’s opposition to defendants’
motion for summary judgment). Furthermore, the nonmoving parties, defendants Magnadyne
Corporation (“Magnadyne”) and SSV Works, Inc. (“SSV”), are not prejudiced at this early stage of
fact discovery if Aquatic’s infringement contentions are amended as requested.
II. RELEVANT BACKGROUND
In this litigation, Aquatic asserts infringement of two related patents, U.S. Patent Nos.
7,831,756 (the “‘756 patent”) and 8,578,081 (the “‘081 patent”), directed to enclosures that connect
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AQUATIC’S NOT. OF MOT. AND MOT. FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS
Case No. 3:14-cv-01931-WHA
Case3:14-cv-01931-WHA Document87 Filed02/03/15 Page2 of 7
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