Supplementation of counterclaims to add new patent is permitted
Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.
Thynge, M. J. Defendant’s motion to amend its counterclaims to add a newly obtained patent is granted.
No scheduling order has yet been entered in this matter, and no depositions have taken place. Plaintiff’s argument that the motion to amend should be denied because the new patent is unrelated to the patents already in suit and the motion seeks to supplement rather than amend is rejected. The court treats the motion as a motion to supplement, and grants the motion. The court is not persuaded the new patent is unrelated to the products already in suit. It further rejects the argument that the amendment will cause undue delay since discovery is nascent. The court finds no evidence defendant acted in bad faith in bringing this motion.
