Amendment of complaint is allowed to encompass additional patents
Infineon Technologies AG, et al. v. Fairchild Semiconductor International, et al., Civ. No. 08-887-SLR-LPS, September 30, 2009.
Stark, M. J. Plaintiffs’ motion to amend their complaint to additional patents is granted. Costs associated with the motion are denied.
On 11/25/08 Plaintiffs filed a complaint alleging infringement of 5 of their patents and non-infringement of 6 of Defendants’ patents which all relate to semiconductor transistors called MOSFETS. Defendants filed an action in Maine relating to different patents not at issue in the Delaware action. Three months later, Plaintiffs moved to amend the Delaware complaint to include them. Jurisdiction over one defendant is contested in Maine but not Delaware. The Court is convinced that Delaware is the more convenient forum for the patents first raised in the Maine complaint and permits the amendment of the Delaware complaint.
