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.
Another case analyzing the requirements of Rule 16 and Rule 15 when a party seeks to amend after the deadline has run.
This order addresses the amendment of pleadings, and the role that the ongoing pandemic can play.
Not many courts begin orders with the sentence “[t]oday, the Court confronts two newly raised zombies …”
Think we’re going to need that Halo for this one.
Defendants argued that the Plaintiff’s patent claims are invalid under 35 U.S.C. § 101 and that it failed to state a claim regarding its non-patent claims.
Forgetting to answer after a motion to dismiss is denied is not good. But it may not be fatal, as this case shows.
Kind of a two-fer here as far as bases for motions to dismiss. Well, really a three-fer if you want to get technical.
FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.
This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.
This order sets the scope of a court’s examination of whether an offer complied with FRAND obligations