Motion to Amend Complaint for Patent Infringement Granted

Wednesday, January 24, 2018

Chief Judge James K. Bredar granted plaintiff Zito LLC’s motion to amend its original complaint for patent infringement to add additional defendants, finding that the motion had been filed within the deadline set by the scheduling order and noting that Federal Rule of Civil Procedure 15(a) directs courts to “freely give leave [to amend] when justice so requires.”  Judge Bredar found that that the proposed amendment would not be futile, that the amendment was not sought in bad faith, and that the defendants would not be prejudiced by the amendment.  With respect to the finding of an absence of bad faith, Judge Bredar noted that the rule does not require that the plaintiff “have good cause to justify amending its complaint.”  Finally, there was no indication of prejudice to defendants given that the motion had been filed well before the close of discovery.  Zito LLC v. CRJ, Inc., No. JKB-17,1733, 2017 WL 638821 (D. Md. Dec. 14, 2017).