Motion to amend answer is granted 2 1/2 years after action began
St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD, et al., Civ. No. 04-1436-JJF-LPS, February 17, 2009.
Stark, M.J. Defendant’s motion for leave to amend the answer and affirmative defenses is granted.
Defendant requests leave to amend its answer and affirmative defenses to assert, among other things, a license defense. Plaintiff contends that defendant should be denied leave to amend, because the ownership and license defense it seeks to assert by the amendments is based upon an agreement that defendant improperly withheld from production. The Court finds that while defendant’s discovery conduct is not exemplary, its actions do not rise to the level of bad faith so as to preclude the defense. Moreover, the case had been stayed pending resolution of state court action, and plaintiff will not be prejudiced by the proposed amendments. Thus, the motion is granted.
