Amendment to allege willfulness is allowed

Posted on August 6, 2009 by Morris James LLP

St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co., LTD., et al., Civil Action No. 04-1436-JJF-LPS, July 28, 2009.

Farnan, J.  Court overrules Nokia’s objections to Magistrate Stark’s Memorandum Opinion granting plaintiff leave to file a second amended complaint.

The Court overrules Nokia’s objections to Magistrate Stark’s Memorandum Opinion granting plaintiff leave to file a second amended complaint to add allegations of willful infringement. The court rejected Nokia’s futility argument. It noted that the motion was timely and Nokia would not suffer undue prejudice.
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