Motion to file an amended answer and counterclaims is granted

Posted on July 8, 2010 by Morris James LLP

The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals Inc., C. A. No. 09-184-GMS-LPS, June 28, 2010.

Stark, J.  Defendant’s Motion For Leave To File An Amended Answer and Counterclaims is granted.

Defendant requests leave to amend its answer and counterclaims to assert an additional affirmative defense and corresponding counterclaim pertaining to unenforceability of two of the patents-in-suit due to inequitable conduct.  Defendant’s proposed amendments meet the standards under 9(b).  There is no evidence of delay or bad faith on defendant’s part, nor will plaintiff be prejudiced by the amendments.  Therefore, defendant’s motion to file an amended answer and counterclaims is granted.
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