Claims for enhanced damages based solely on post-filing conduct have always been a tough sell, and it's only been getting worse...
Claims for enhanced damages based solely on post-filing conduct have always been a tough sell, and it's only been getting worse...
Magistrate Judge Burke issued an R&R today addressing an interesting procedural situation.
In Shure Incorporated et al v. Clearone, Inc., C.A. No. 19-1343-CJB (D. Del. June 1, 2020), the plaintiff moved to amend to add an additional patent, just before the patent issued.
In response, and before oral argument on the motion, the defendant filed a DJ action on the new patent in another jurisdiction, trying to keep that part of the case out of the District of Delaware.
After the Court granted the motion to amend, plaintiff then moved to dismiss under the first-filed rule.
Judge Burke rejected plaintiff's approach, holding both that the amended complaint related back, so it was filed first, and that …
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