Motion to amend and to supplement an inequitable conduct counterclaim is granted over futility argument

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc. et al., C.A. No. 06-259-MPT, January 31, 2008.

Thynge, M.J.  The Court grants plaintiffs’ motion to amend and supplement their counterclaim for inequitable conduct.

Noting the liberal standards by which such motions are reviewed and the lack of prejudice or undue delay, the court grants plaintiffs’ motion to amend the pleadings to allege additional facts in support of their counterclaim for inequitable conduct for concealment of information on patent validity.

A copy of the full opinion is available here.

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