Wednesday, September 2, 2015

Defendant Granted Leave to Assert Claim Under Florida “Patent Troll Prevention Act”

The court granted defendant's motion to amend its pleadings to add a claim under Florida's recently-enacted Patent Troll Prevention Act and rejected plaintiff's arguments regarding delay, harassment, and futility. "Defendant sought the amendment mere weeks after the statute was enacted. Plaintiff provides no legal basis to find that the statute cannot be applied retroactively. . . . Further, any new claim would result in additional discovery and additional potential liability, but that does not make an amendment unduly prejudicial. Indeed, if that was the test, no amendment would ever be permitted. Furthermore, the case is in the early stages, as shown by the fact that there is no scheduling order in effect."

ArrivalStar SA et al v. Demandware, Inc., 9-15-cv-80098 (FLSD August 31, 2015, Order) (Marra, J.)

No comments: