Amended and supplemental pleadings are permitted

Posted on December 11, 2009 by Amy A. Quinlan

Mallinckrodt Inc., et al. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, December 3, 2009.

Farnan, J.  Plaintiffs’ motion for leave to file an amended and supplemental complaint is granted; Defendants’ motion to strike is denied as moot.

The amended complaint attached to the motion is permitted and is deemed to be filed.  Defendants oppose the relation back of the new pleadings seemingly in the belief that, if granted, Plaintiffs would lose the first-to-file status in this case where forum is contested.  However, the court’s denial of dismissal with respect to the direct infringement claims moots that issue.  While Plaintiff might have amended as of right, the court makes a ruling since a motion was filed.  Supplementation of the pleading is also permitted since leave to supplement is freely granted and there are no contentions of undue delay.
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