Royal Appliance Manufacturing Co. et al v. Fellowes, Inc.

Filing 94

Memorandum Opinion and Order granting Plaintiffs' Motion for leave to amend final Invalidity Contentions. There shall, however, be no further leave given for amendments to the Invalidity Contentions. Signed by Judge Donald C. Nugent on 8/27/2013.(Related Doc # 86 )(B,B)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ROYAL APPLIANCE MANUFACTURING
CO., et al.,
Plaintiffs,
v.
FELLOWES, INC.
Defendant.

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Case No.

1:10-CV-2604

JUDGE DONALD C. NUGENT

MEMORANDUM OPINION
AND ORDER

This matter is before the court on Plaintiffs’ Motion for Leave to Amend Final Invalidity
Contentions. Plaintiffs seek leave to amend the invalidity contentions asserted against U.S. Patent
No. 8,020,796, upon which certain of Defendant’s counterclaims are based. (ECF #86, 92).
Defendant opposes the request amendment as untimely. (ECF #90). The counterclaims addressing
the ‘796 Patent were last amended in April of 2013. (ECF #80-4). Based on all of information set
forth in the parties’ briefs, the Court finds that allowing the requested amendment would not
prejudice the Defendant, and, taking into account all of the facts and circumstances, granting leave
to amend would best serve the ends of justice. Therefore, Plaintiffs’ motion is hereby GRANTED.
There shall, however, be no further leave given for amendments to the Invalidity Contentions. IT IS
SO ORDERED.
/s/ Donald C. Nugent
DONALD C. NUGENT
UNITED STATES DISTRICT JUDGE
Date: August 27, 2013