By Memorandum Opinion entered by U.S. Magistrate Judge Sherry R. Fallon in Fraunhofer-Gesellschaft Zur Forderung Der Angewandten Forschung E.V. v. Sirus XM Radio Inc., Civil Action 17-184-JFB-SRF (D.Del. July 20, 2018), plaintiff Fraunhofer’s motion for leave to amend its patent infringement complaint pursuant to Federal Rule of Civil Procedure 15(a)(2) was denied. Although Fraunhofer was able to establish good cause for its failure to seek leave to amend the complaint prior to the expiration of the December 14, 2017 deadline set forth in the scheduling order, the Court concluded that Fraunhofer’s proposed amended complaint would be futile under Federal Rule of Civil Procedure 15(a) because Fraunhofer’s proposed amended complaint does not remedy the dispositive deficiency of the original complaint by pleading that SXM’s predecessors failed to fulfill their obligations under the sublicense agreement. Id. at *5-12.
A copy of the Memorandum Opinion is attached.
Given that the Memorandum Opinion was issued by a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636, Federal Rule of Civil Procedure 72(a) and D.Del. LR 72.1(a)(2), the parties may serve and file written objections to the Memorandum Opinion within fourteen (14) days after being served with a copy of the Memorandum Opinion.