Amended Complaint Stricken
While the amended complaint was timely, Judge Albright found that it still should not be permitted. (In the sidecar was a discovery dispute, which, unlike the photo was not a good boi).
Arcane Pleading Issues
Twiqbal/Venue
This motion to dismiss raised issues regarding claim splitting and improper venue which were novel, and issues regarding indirect and willful infringement which were not.
Motion To Dismiss Inequitable Conduct Counterclaim
The court granted the motion, with leave for the defendant to amend its answer “again.”
Leave to Amend to Add License Defense Denied
The issue here was a defendant’s motion for leave to amend its answer to assert a license defense.
Scrubbing Plaintiff’s Pleadings?
The defendant asked Judge Gilstrap to strike certain allegations it contended were unnecessary and to order the plaintiff to provide a more definite statement.
Partial Dismissals
For some reason, documenting partial dismissals is not as simple as calling the other side up and saying “yeah, we’re dropping these claims/defenses”. Here’s a way it can be done.
Orders Memorializing Rulings
This order combined Judge Gilstrap’s rulings on several procedural motions in a patent case addressed at a recent hearing.
Amending The Complaint
Another case analyzing the requirements of Rule 16 and Rule 15 when a party seeks to amend after the deadline has run.
Leave to Amend Granted
This order addresses the amendment of pleadings, and the role that the ongoing pandemic can play.
Court Confronts Newly Raised Zombies
Not many courts begin orders with the sentence “[t]oday, the Court confronts two newly raised zombies …”