Mallinckrodt Hospital Products IP Ltd., et al. v. Praxair Distribution Inc., et al., C.A. No. 15-170 – GMS, August 2, 2016.
Sleet, J. Defendants’ motion for leave to amend counterclaims is granted. Plaintiffs’ motion to file a surreply is denied.
Defendants filed a counterclaim on July 7, 2015 seeking declaratory judgment of invalidity and de-listing of the patents-in-suit. On May 9, 2016, defendants moved to add declaratory judgment claims for three additional patents. The scheduling order set August 29, 2016 as the deadline for fact discovery. The court agrees with defendants that granting leave to amend to add the new patents would produce no undue delay, would not be the product of bad faith, result in unfair prejudice to plaintiffs, and would not be futile.