Amendments to answer and counterclaim are permitted over futility argument
JP Morgan Chase & Co., et al. v. Affiliated Computer Services, Inc., Civ. No. 08-189-SLR, March 4, 2009.
Robinson, J. Defendants’ motion for leave to file an amended answer and counterclaim is granted.
Defendants seek to amend their answer to assert a new defense under 28 U.S.C. § 1498 and to add a counterclaim of unenforceability due to inequitable conduct during the patent prosecution. Plaintiff opposes on the basis of futility. The Court permits timely and well pled amendments, noting its tendency to reject futility arguments where, as here, there is a substantive dispute that warrants discovery.
