Published on:

Judge Thynge: Plaintiffs’ Motion for Leave to Amend Complaint GRANTED

By

In Carl Zeiss Meditec, Inc. v. Xoft, Inc., C.A. No. 10-308-LPS-MPT (D. Del. Apr. 5, 2011), Judge Thynge recently granted the plaintiffs’ motion for leave to amend their complaint. After the defendant, Xoft, answered plaintiffs’ first amended complaint, Xoft was acquired by iCAD. Id. at 1-2. Xoft opposed the motion to amend, claiming (1) that it was an incorrectly filed Rule 15(d) motion to supplement and (2) that it failed to allege facts sufficient to add iCAD as a defendant. Id. at 6. Although Judge Thynge treated the motion to amend as a motion to supplement, she granted the motion, noting that the standard for a Rule 15(d) motion to supplement is essentially the same as a Rule 15(a) motion for leave to amend a complaint. Id. at 7. Judge Thynge further held that the facts alleged in the supplemental complaint in support of the plaintiffs’ inducement claim were sufficient to meet the pleading requirements of Iqbal and Twombly. Id. Allegations that the merger agreement between Xoft and iCAD permitted the sale of accused infringing products, that Xoft directly infringed the plaintiffs’ patents, and that iCAD had knowledge of these alleged facts, were sufficient “to apprise iCAD of the claims against it.” Id. at 8.


Carl Zeiss Meditec, Inc. v. Xoft, Inc., C.A. No. 10-308-LPS-MPT (D. Del. Apr. 5, 2011)

(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

Contact Information