In a recent Memorandum Order, Magistrate Judge Christopher J. Burke denied plaintiffs’ (“Integra”) motion for leave to file an amended complaint, concluding that “to grant the Motion would cause substantial and undue prejudice to Defendant.” Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., C.A. No. 15-819-LPS-CJB (D. Del. Feb. 16, 2017). First, Judge Burke observed that the parties and Court have “spent substantial time and effort attempting to address and narrow the issues in what is already a large, complex matter.” Id. at 2. As Judge Burke explained, the action is a “six-patent case” and one patent “involves complicated chemical technologies.” Id. Judge Burke further explained that the “parties . . . proceeded through a lengthy and involved preliminary injunction phase,” and since then, they “have expended more time on discovery (and on discovery disputes), have narrowed the number of claims and references at issue, and are currently in the midst of claim construction briefing (involving 20 disputed claim terms).” Id.
Second, Judge Burke found that the additions in the proposed Amended Complaint, which sought to add two new patents, “are not minor.” Id. While Judge Burke acknowledged that there is some overlap between the operative complaint and proposed Amended Complaint, he observed that the new patents had different inventors and implicated embodiments not directly at issue with the original patents. Id. at 2-3. Judge Burke further observed that defendant “is . . . understandably concerned with how a jury will be able to grasp its arguments at trial, were a case as large as this to become ever larger after amendment.” Id. at 3.
Third, Judge Burke found that “were the Motion granted, this would surely do violence to the current case schedule.” Id. Judge Burke explained that “the addition of the new patents will no doubt necessitate significant additional fact and expert discovery, claim construction and discovery dispute proceedings, and dispositive motion practice.” Id. Further, “[t]he current trial date would surely be lost, and the case schedule would no doubt need to be pushed back by many months (at least).” Id.