On December 20, 2010, Plaintiff Multimedia Patent Trust ("MPT") filed a patent infringement action against Defendants Apple, Inc. ("Apple"), LC Electronics, Inc., LC Electronics U.S.A., Inc., and LC Electronics Mobilecomm U.S.A., Inc. (collectively "LC"), and Canon USA, Inc. and Canon, Inc. (collectively "Canon"). The complaint alleged that Defendants are liable for infringement of four patents related to video compression technology: (U.S. Patent Nos. 4,958,226 ("the '266 patent"), 5,227,878 ("the '878 patent), 5,500,678 ("the '678 patent"), and 5,136,377 ("the '377 patent") (collectively the "patents-in-suit"). After MPT served final infringement contentions, Defendants Canon, LC and Apple, Inc. ("Apple") filed motions to strike the final infringement contentions.
Canon moved to strike MPT's final infringement contentions on the ground that that the final contentions alleged, for the first time, that Canon hardware infringes the '878 Patent and that these amendments were made without leave of the district court In response, MPT argued that it was allowed to amend its contentions based on the district court's claim construction order and newly produced discovery.