Impossible Foods Inc. v. Impossible LLC et al.

Summary

The United States District Court for the Northern District of California grants Impossible Foods Inc.’s motion to amend its complaint and modify the scheduling order. The court finds good cause under Federal Rule of Civil Procedure 16 and concludes that amendment is proper under Rule 15, allowing proposed claims concerning fraud in the procurement of incontestability status, fraud in the procurement of trademark registrations, and abandonment. The court also denies an administrative motion concerning sealing because the designating party did not seek to maintain the materials under seal.

Holdings

1. Plaintiff demonstrated good cause because the proposed claims were based on facts and documents that arose after the amendment deadline, and Plaintiff acted diligently in pursuing discovery and moving to amend.
2. Leave to amend was warranted because the Foman factors favored amendment: the proposed claims were not futile, Defendants did not establish undue prejudice or bad faith, any delay was not severe, and Plaintiff had not repeatedly failed to cure deficiencies.
3. The administrative sealing motion was denied and the identified materials were ordered unsealed because the party that designated them as confidential did not seek to maintain them under seal or demonstrate that sealing was warranted.

Questions Presented

1. Whether Plaintiff established good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order after the deadline for amending pleadings.
2. Whether the proposed amendments were proper under Federal Rule of Civil Procedure 15(a)(2), including whether they were futile, unduly delayed, brought in bad faith, repeatedly deficient, or prejudicial to Defendants.
3. Whether materials provisionally submitted under seal should remain sealed when the designating party did not seek to maintain them under seal.

Disposition

other