Leave to amend Complaint and Answer is granted

Posted on June 16, 2009 by Morris James LLP

St. Clair Intellectual Property Consultants, Inc. v. Research In Motion LTD., et al., Civil Action No. 08-371-JJF-LPS, June 10 , 2009.

Stark, M. J.  Plaintiff’s unopposed Motion for Leave to File a First Amended Complaint and Defendant’s contested Motion for Leave to File Amended Answer and Counterclaims are granted.

Plaintiff seeks permission to file a First Amended Complaint alleging willful infringement against defendant.  The motion is unopposed and, as such, is granted.  Also before the Court is defendant’s motion for leave to file an amended answer and counterclaims which is also granted.  Plaintiff has acknowledged in related litigation that leave to amend its complaint automatically triggers a defendant’s right to file an amended answer.  Moreover, defendant’s motion was timely filed.  The Court will not address the substantive merits of the allegations at this juncture.
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