On May 13, Judge Clark of the U.S. District Court of the Eastern District of Texas denied plaintiff's motion to add our client, XM Satellite Radio Inc., to the patent infringement lawsuit currently pending against Sirius XM Radio Inc. and Apple Inc. The Court concluded that plaintiff failed to provide any credible reason for its failure to meet the deadline to add parties even after Sirius' counsel had sent two letters to plaintiff's counsel prior to the deadline, informing it of the need to add XM as a party if it sought to assert infringement claims against XM. The Court rejected plaintiff's explanation for missing the deadline, indicating that "[i]f Scheduling Orders are to have any weight at all, this factor weighs heavily against allowing amendment."
Team members included Intellectual Property partner Jonathan S. Caplan and associates Mark Baghdassarian, Benu Mehra and Christopher M. Gerson.
American Lawyer reported on the case.