After previously dismissing plaintiffs’ original allegations of willful infringement, Judge Fallon recently granted plaintiffs’ motion for leave to file an amended complaint to add claims of willful infringement. Intellectual Ventures I LLC, et al. v. Toshiba Corporation, at al., C.A. No. 13-453-SLR-SRF (D. Del. Aug. 17, 2015). Despite the passage of eight months between the original dismissal and the motion to amend, Judge Fallon found no undue delay or prejudice. Judge Fallon noted that the motion was filed within the deadline set in the scheduling order for amending pleadings and that the case is still in its early stages. Id. at 3. Judge Fallon also found that the proposed amendment was not futile because the complaint “provide[s] sufficient details to show that the patents-in-suit were called to defendants’ attention”; and “contains allegations that defendants disregarded the risk of infringement by continuing to disseminate the allegedly infringing products after receiving notice of the patents[.]” Id. at 6-7.
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