EPL Holdings, LLC v. Apple, Inc

Filing 53

ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT 50 . Signed by District Judge Jon S. Tigar. (jstlc3, COURT STAFF) (Filed on 3/31/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EPL HOLDINGS, LLC,

Case No. 12-cv-04306-JST

Plaintiff,
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v.

ORDER GRANTING UNOPPOSED
MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT

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APPLE, INC,
Defendant.

Re: Dkt. No. 50

United States District Court
Northern District of California

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In this action for patent infringement, Plaintiff EPL Holdings moves under Federal Rule of

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Civil Procedure 15(a) for leave to file a first amended complaint, which EPL has attached to its

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motion as Exhibit A. As of the date of this Order, Defendant Apple has not opposed EPL’s

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motion; the deadline for filing an opposition was March 22, 2013.

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The proposed first amended complaint asserts new claims of infringement against Apple

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based on two patents that the USPTO recently issued to EPL: U.S. Patent No. 8,384,720 (“the

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‘720 patent”) and U.S. Patent No. 8,345,050 (“the ‘050 patent”). The ‘720 and ‘050 patents are

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related to one of the patents that EPL asserted in the original complaint, namely U.S. Patent No.

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7,683,903 (“the ‘903 patent”).

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In support of its motion, EPL argues that the proposed amendment is timely because EPL

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filed the motion before the deadline for moving for leave to amend the complaint, which the Court

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set for March 8, 2013, in accordance with the parties’ stipulated case schedule. See Dkt. No. 48,

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Stipulation to Modify Case Schedule; Dkt. No. 50, Order Granting Stipulated Request to Modify

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Case Schedule. EPL also contends that the proposed amendment will not prejudice Apple because

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the stipulated case schedule approved by the Court gives Apple additional time to comply with

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Patent Local Rule 3-4. See id.

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Federal Rule of Civil Procedure 15(a) permits a party to amend a pleading once “as a

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matter of course” within 21 days of serving it or within 21 days after a response to it has been

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filed. Fed. R. Civ. P. 15(a)(1). Otherwise, “a party may amend its pleading only with the

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opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). A district court

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“should freely give leave” to amend a pleading “when justice so requires.” Id. “Four factors are

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commonly used to determine the propriety of a motion for leave to amend. These are: bad faith,

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undue delay, prejudice to the opposing party, and futility of amendment.” DCD Programs, Ltd. v.

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Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (citation omitted). “The party opposing amendment

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bears the burden of showing prejudice.” Id. at 187.

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Here, permitting EPL to amend the complaint would be appropriate because there is no

United States District Court
Northern District of California

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evidence of bad faith, undue delay, prejudice to Apple, or futility of amendment. Moreover,

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Apple does not oppose the filing of the proposed first amended complaint. Accordingly, EPL’s

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motion is GRANTED. Within seven days of the date this Order is filed, EPL may file Exhibit A

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as the first amended complaint.

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IT IS SO ORDERED.

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Dated: March 31, 2013
______________________________________
JON S. TIGAR
United States District Judge

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