Lanham Act claims are dismissed. Complaint may not be amended after close of discovery
Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, October 19, 2009.
Robinson, J. Plaintiff’s motions to reconsider dismissal of Lanham Act claim and to amend the pleadings to add an inequitable conduct claim are denied.
Court denies plaintiff’s motion to reconsider its prior ruling granting defendant’s motion to dismiss defendant’s Lanham Act claim. Citing to the Federal Circuit’s opinion in Baden Sports Inc. v. Molten USA, Inc., the Court upholds its prior ruling that plaintiff’s claim of false attribution does not constitute a misrepresentation of the nature, characteristics and qualities of a good.
Next, plaintiff seeks to amend its complaint to add a claim of inequitable conduct based on its assertion that one of the inventors of defendant’s ‘380 patent did not review the related application but submitted an affidavit to the PTO that he had. The Court declines to permit the amendment after the close of discovery where there are insufficient facts from which to conclude that the material misrepresentation was made with the specific intent to deceive the PTO.
