America Invents Act is not intervening law warranting reconsideration
Softview LLC v. Apple Inc. and AT&T Mobility LLC, C. A. No. 10-389-LPS, December 7, 2011.
Stark, J. Motion for reconsideration of grant of motion for leave to amend complaint is denied.
Plaintiff in this patent infringement case moved to amend complaint to add parties and accused devices, which was granted. On September 30, 2011, the defendant moved for reconsideration asserting, inter alia, the America Invents Act (“AIA”) is new intervening authority warranting reconsideration and error in the court’s application of the law of joinder. The motion for reconsideration was denied. The AIA is not an intervening change in the law requiring reconsideration of the Court’s application of Fed. R. Civ. P. 20(a)(2)(A). Further, defendants demonstrated no “clear error” requiring reconsideration but, instead, merely reargued their previous positions.
