Venue Challenge Inappropriate in Determining Futility of Amended Complaint

The court granted plaintiff's motion to amend its patent infringement complaint to add defendant's parent company as a new defendant because the claim was not futile due to a venue challenge. "Futility exists when the amended complaint 'fail[s] to state a claim upon which relief could be granted.' . . . Defendant argues venue is improper thereby making Plaintiff’s amendment futile. . . . [F]utility is not dependent upon venue considerations. As such, the Court finds this is neither the time nor the place to make such arguments. Accordingly, an analysis addressing such assertions at this time is inappropriate."

Shoes by Firebug LLC v. Stride Rite Children's Group, LLC, 4-16-cv-00899 (TXED October 18, 2017, Order) (Mazzant, USDJ)