Epitopix LLC v. Zoetis Inc. — Denies Motion to Amend Invalidity Contentions

Fri, 24 Apr 2026 01:39:50 +0000
Intellectual Property

The US District Court for the District of New Jersey issued a memorandum opinion and order in Epitopix, LLC d/b/a Vaxxinova US v. Zoetis Inc. (2:23-cv-02467) denying Zoetis's motion to amend its invalidity contentions. The court found that Zoetis failed to demonstrate good cause under Local Patent Rule 3.7 for adding new indefiniteness theories under 35 U.S.C. § 112 based on grammatical errors in Claims 21 and 22. The motion was served approximately three months after the Markman hearing and over a year after the original invalidity contentions were due, making it untimely. The denial restricts Zoetis's invalidity defenses to those previously disclosed, affecting trial preparation and litigation strategy in this SRP vaccine technology patent dispute.