Plaintiff is permitted to supplement its complaint
Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No. 10-308-LPS/MPT, April 5, 2011.
Thynge, M. J. Magistrate recommends motion to amend the complaint be treated as a motion to supplement and be granted.
This case was filed 4/16/10 and the scheduling order permits amending the complaint by January 14, 2011, the date this motion was filed. The complaint was amended once. The amendment adds a new defendant which acquired the existing defendant in December 2010. The court elects to treat the motion as a motion to supplement. It addresses the challenge to the sufficiency of the pleading under Twombly and Iqbal, finding that the supplemented complaint is sufficiently plead. It notes that the amended complaint alleges knowledge of the patents-in suit as well as knowledge of the alleged infringement. Additionally, a merger agreement between the two accused infringers requires the newly added defendant to permit the sale of the accused products. The court finds the claim of inducement of infringement to be sufficiently plead.
