Fluidigm Corporation, a Delaware Corporation v. Ionpath, Inc., a Delaware Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FLUIDIGM CORPORATION, et al., Plaintiffs, No. C 19-05639 WHA

v.

IONPATH, INC., ORDER DENYING LEAVE TO FILE

THIRD AMENDED COMPLAINT

Defendant.

13 INTRODUCTION In this patent and business interference suit, patent owner seeks leave to amend its complaint for the third time to add a claim under the Lanham Act. This order does not reach the merits of the proposed pleading, however, as patent owner failed to diligently investigate the facts that it says gave rise to this new claim. The motion is DENIED. STATEMENT Prior orders detail the facts here (Dkt. Nos. 46, 58). In brief, patent owner, Fluidigm Corporation and Fluidigm Canada Inc., markets mass cytometry methods and systems for cell structure and biomarker analysis. The methods involve labelling a sample, usually a cell or tissue suspension, with metal tags attached to antibodies in a process called “staining.”…