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Judge Andrews on Timing of Amended Complaint Adding Willful Infringement Count

In this case, the scheduling order set a deadline to amend pleadings of December 15, 2015. The Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), on June 13, 2016. Plaintiff filed a motion for leave to amend the complaint to add a count of willful infringement on January 26, 2017. Judge Andrews found the Plaintiff was not “diligent in meeting my December 15, 2015 deadline.” “Plaintiff should have known that they had a potential willfulness claim as of March 2015. More significantly, Plaintiff thought it had a potential willfulness claim as of April 2015 [based on its April 2015 infringement contentions].” Therefore, Judge Andrews found that “[g]iven that Plaintiff seems to have been in possession of the facts essential to bring a willfulness claim well prior to the amendment deadline established by the scheduling order, there is no diligence here. . . . Perhaps Plaintiff thought the pre-Halo willfulness standard was too great, and made a judgment not to pursue willfulness. Halo changed the law to its present state in June 2016. Plaintiff then chose to wait seven months from the time Halo issued to file Plaintiffs motion to amend.” E.I. DuPont de Nemours and Co. v. Unifrax I LLC, C.A. No. 14-1250-RGA, Memo. Op. at 4-6 (D. Del. May 5, 2017).

E.I. DuPont de Nemours and Co. v. Unifrax I LLC, C.A. No. 14-1250-RGA (D. Del. May 5, 2017).

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