St. Clair Intellectual Property Consultants, Inc. v. Hewlett-Packard Company, C. A. No. 10-425 LPS, March 28, 2012.
Stark, J. Motion to strike willfulness allegations and request for enhanced damages is denied. Motion for leave to file a second amended complaint is granted.
On May 20, 2010, plaintiff filed this patent infringement case involving technology directed to computer systems having a power control unit for selection of voltage levels for pluggable cards, such as PCMCIA cards. Defendant answered and moved to strike the complaint. Plaintiff responded by filing a first amended complaint on July 27, 2010, which mooted defendant’s original motion to strike. Defendant then moved to strike the allegation in the first amended complaint directed to willfulness and enhanced damages. Plaintiff opposed the motion and sought leave to file a second amended complaint. The Court denied the defendant’s motion to strike and granted the plaintiff’s motion for leave to amend. The Court reasoned that plaintiff’s second amended complaint adequately pleads willfulness. There is no evidence plaintiff acted in bad faith in filing its complaints, and amending the complaint a second time would not unduly prejudice defendant.