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· 6/3/2005

Federal Case

Citations

  • 410 F.3d 792
  • 74 U.S.P.Q. 2d (BNA) 1865
  • 2005 U.S. App. LEXIS 10140

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the “fragmented literal similarity” standard but declining to apply it in cases of digital sampling
  • finding that “amendments on the eve of the close of discovery would be prejudicial to defendants and unduly delay trial”
  • affirming a district court’s denial of leave to amend a complaint with only a few weeks left in discovery
  • “Delay, however will become ‘undue’ at some point, placing an unwarranted burden on the court, or ‘prejudicial’, placing an unfair burden on the opposing party.”
  • “The district court’s criticisms go beyond just [the length and number of claims], however, and are tied to conduct that complicated rather than streamlined the issues and contributed to the multiplication of fees for the defendant.”
  • “It is not the deterrence of objectively reasonable good faith claims, but the interest in motivating plaintiffs to sort through the objectively unreasonable ones and prosecute this at best cumbersome litigation in a way that discriminates between parties and claims.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.