Motions to add defendants and dismiss inequitable conduct claims are granted
Softview LLC v. Apple Inc., and AT&T Mobility LLC, Civil Action No. 10-389-LPS, September 30, 2011.
Stark, J. Plaintiff’s motion to amend the complaint to assert claims against additional infringers is granted. Plaintiff’s motion to dismiss inequitable conduct defenses is granted.
The motion is timely under the scheduling order, and the court finds the joinder of additional parties will serve the interests of judicial economy. The amendments relate to different products accused of infringing the same patents-in-suit. The court finds that it would be premature at this point to rule on whether separate trials are needed to avoid jury confusion. Plaintiff’s motion to strike inequitable conduct defenses is granted. Defendants’ pleadings fail to adequately allege scienter. Thus the proposed amendment would be futile.
