Five Star Gourmet Foods, Inc. v. Ready Pac Foods, Inc.

I. BACKGROUND

1 The court assumes the parties’ familiarity with the background of this case which 2 has been recounted in the court’s prior order. (Dkt. 25.) As relevant here, on November 3 19, 2018, Five Star initiated this action against Ready Pac. On December 28, 2018, Five 4 Star filed a First Amended Complaint. (Dkt. 16.) Five Star asserted claims for design 5 patent infringement, trade dress infringement, and violation of California’s Unfair 6 Competition Law (“UCL”) for the alleged infringement of U.S. Patent No. D769,732, 7 entitled “Container and Overwrap Assembly” (“’732 Patent”) (“Overwrap Dispute”). 8 (FAC ¶ 17, Exh. A.) 9 On January 17, 2020, Five Star filed an unopposed Motion for Leave to File a Second Amended Complaint. (Dkt. 54.) According to Five Star, Ready Pac’s “new packaging”—unrelated to the ‘732 patent and overwrap at issue in the First Amended Complaint—gave rise to new causes of action and amending the complaint would be more efficient for the parties than filing a new cause of action. (See id.) The proposed Second Amended Complaint would add new claims of patent infringement for U.S. Patent No. D698,665 for…