GlaxoSmithKline LLC et al. v. Glenmark Pharmaceuticals Inc., USA, C.A. No. 14-877-LPS-CJB, December 15, 2016.

Burke, M.J. Magistrate recommends that defendant’s motion to amend to assert equitable defenses be denied.

Defendant seeks to add the defenses of laches and equitable estoppel. It filed its motion to amend eight months after the deadline for amending pleadings. These defenses are based on facts known to the parties for quite some time, including the fact the 6 years passed after the issuance of the asserted patent before suit was filed. Defendant’s argument that it has shown good cause because it has new counsel does not excuse the lack of diligence.