We have another entry in the ongoing saga of the adequacy of post-complaint knowledge for indirect and willful infringement.
Judge Andrews started his analysis by acknowledging his own conflicting decisions, noting that "I have certainly done my share to contribute to the disagreement, having been on both sides of the issue."
He ultimately concluded that:
- "[T]he plaintiff should be allowed to amend a complaint to allege knowledge since the filing of the original complaint."
- "In the usual case, if the plaintiff's original complaint were dismissed for failure to plead pre-suit knowledge [for indirect infringement], then the plaintiff's amended complaint would require only one additional paragraph in order to allege knowledge since the filing of the original complaint."
- "I will, …