Last week, Chief Judge Sleet issued a memorandum opinion in LG Electronics U.S.A., Inc. v. Whirlpool Corp., C.A. No. 10-311-GMS (D. Del. Sept. 12, 2011), granting a motion for leave to amend a patent complaint by LG. LG initially brought the ligitation as a declaratory judgment action on one patent (relating to refrigeration technology); Whirlpool counterclaimed on three additional patents. With its proposed amendment, LG sought to add infringement claims for three of its own patents, plus declaratory judgment actions for the additional patents counterclaimed by Whirlpool. Whirlpool opposed the amendment, alleging that the new infringement claims would “unnecessarily complicate the litigation, thereby prejudicing Whirlpool.”
The Court granted leave to amend (with little comment), stating that the technology is related, and that a denial of leave to amend “would result in the filing of another lawsuit and would not promote the interests of judicial efficiency.” Id. at 3-4.