Federal Judiciary

Plaintiff's Motion for Leave to Amend Infringement Contentions Granted

By Michael C. Smith

Arbitron, Inc. v. International Demographics Inc., 2009 WL 166555(E.D.Tex. Jan 16, 2009) (NO. 2:06-CV-434 (TJW))
Judge: T. John Ward
Holding: Motion to Amend Infringement Contentions GRANTED
Plaintiff sought leave to amends its infringement contentions to add an allegation of an infringing offer for sale.  In this opinion, after going through the relevant analysis, Judge Ward emphasizes that a party must show "diligence" on the part of the movant.  Plaintiff claimed that the amendment was necessary as a result of information disclosed by the defendant, and it moved to amend immediately after learning of the information.  The defendant claimed that the plaintiff actually had this information long ago, but Judge Ward agreed that while the plaintiff had the information, it did not have sufficient information of a possible infringing sale until the interrogatory response.  "Given the importance of the communications in issue to Arbitron's infringement case and the absence of any significant prejudice to the defendants in allowing the amendment, the Court is not persuaded that the Federal Rules or the local patent rules require denying Ipsos an extension in this case," Judge Ward concluded.

Full post as published by Eastern District of Texas Federal Court Practice on February 03, 2009 (boomark / email).