Judge Sleet denies motion for leave to amend complaint

In a recent order, Judge Gregory M. Sleet denied a plaintiff’s motion for leave to amend its complaint to allege additional facts relating to two theories of inequitable conduct already in the case.  Gilead Sciences, Inc. v. Abbvie, Inc., C.A. No. 13-2034 (GMS) (D. Del. July 28, 2016).  The plaintiff, Gilead, acknowledged that it sought to amend its complaint, out of an abundance of caution, to add factual detail elaborating on its existing allegations.  The Court denied the motion, explaining that “Gilead need not amend its complaint to specify every detail learned during discovery.”

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