IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

WILLOW INNOVATIONS, INC.,

Plaintiff, 

v. 

CHIARO TECHNOLOGY, LTD., 

Defendant. 

Case No. 2:23-cv-00229-JRG

JURY TRIAL DEMANDED

WILLOW’S UNOPPOSED MOTION FOR LEAVE TO AMEND INFRINGEMENT 

CONTENTIONS UNDER P.R. 3-6(b) 

Plaintiff Willow Innovations, Inc. (“Willow”) moves for leave to amend its Infringement 

Contentions to add two additional practicing products under Local Patent Rule 3-1(f). On 

September 28, 2023, Willow served its original infringement contentions, stating that the “Willow 

3.0 Wearable Breast Pump and the mobile applications designed for use in conjunction with the 

Willow 3.0 Wearable Breast Pump” practice the asserted claims of Willow’s asserted patents. Out 

of an abundance of caution, Willow through this motion seeks leave to add Willow’s prior 

generation products—the Willow 1.0 and 2.0 Wearable Breast Pumps—as practicing products 

under Local Patent Rule 3-1(f). 

Good cause exists for the Court to grant this motion. Willow first notified Defendant 

Chiaro Technology, Ltd. (“Elvie”) on October 16, 2023 of Willow’s intent to move for relief under 

Local Patent Rule 3-6(b) to amend its Local Patent Rule 3-1(f) disclosure of practicing products. 

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And on October 18, Willow provided Elvie with notice of its Proposed Supplemental Infringement 

Contentions, identifying the additional practicing products in the Cover Pleading to the 

Infringement Contentions. In addition, Counsel for Elvie is unopposed to the relief sought through 

this motion. 

For these reasons, Willow respectfully requests that the Court grant this unopposed motion 

for leave to amend its Infringement Contentions Under P.R. 3-6(b). 

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Dated: October 27, 2023 /s/ Timothy S. Durst

O’MELVENY & MYERS LLP

Timothy S. Durst (TX #00786924) 

tdurst@omm.com 

Cason Garrett Cole (TX #24109741) 

ccole@omm.com

2501 North Harwood Street, Suite 1700 

Dallas, TX 75201 

Telephone: (972) 360-1900 

Facsimile: (972) 360-1901 

Robert F. Shaffer (admitted pro hac vice) 

rshaffer@omm.com 

Jason Fountain (admitted pro hac vice) 

jfountain@omm.com 

Miao Liu (admitted pro hac vice) 

mliu@omm.com

1625 Eye St., NW 

Washington, DC 20006 

Telephone: (202) 383-5300 

Facsimile: (202) 383-5414 

Carolyn S. Wall (admitted pro hac vice) 

cwall@omm.com

Times Square Tower

7 Times Square 

New York, New York 10036 

Telephone: (212) 326-2000 

Facsimile: (212) 326-2061 

Laura Burson (TX # 24091995) 

lburson@omm.com 

400 South Hope St 

Los Angeles, CA 90071 

Telephone: (213) 430-6000 

Facsimile: (213) 430-6407 

Attorneys for Plaintiff Willow Innovations, 

Inc.

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that counsel of record who are deemed to have consented 

to electronic services are being served with a copy of this document via the Court’s CM/ECF 

system per Local Rule CV-5(a)(3) on October 27, 2023. 

/s/ Timothy S. Durst 

Timothy S. Durst 

CERTIFICATE OF CONFERENCE

Counsel for Willow conferred with counsel for Elvie on October 23, 2023 and October 24, 

2023, and counsel for Elvie is unopposed to the relief sought through this motion. Counsel for 

Elvie provides the following statement: “While Elvie does not oppose Willow’s motion for leave 

to amend its infringement contentions to add additional practicing products, Elvie reserves all 

rights to seek leave to amend its invalidity contentions based on Willow’s belated supplementation 

and ongoing Patent Rule 3-2 productions that should have been provided on the September 28, 

2023 deadline but were not. Willow had months to investigate its products and files and there is 

no reason why this information could not have been timely provided at the outset and in 

compliance with the Patent Rules.” 

/s/ Timothy S. Durst 

Timothy S. Durst 

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