`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 20-1580 (LPS)
`
`
`
`
`)))))))))
`
`
`
`
`
`v.
`
`GUARDANT HEALTH, INC.,
`
`
`Plaintiff,
`
`
`FOUNDATION MEDICINE, INC.,
`
`
`Defendant.
`
`DEFENDANT FOUNDATION MEDICINE, INC.’S
`MOTION FOR LEAVE TO AMEND ITS ANSWER AND COUNTERCLAIMS
`
`Pursuant to Federal Rule of Civil Procedure 15(a) and D. Del. LR 15.1, Defendant
`
`Foundation Medicine, Inc. (“FMI”) respectfully requests leave to amend its Answer and
`
`Counterclaims to add new defenses to Guardant Health, Inc.’s (“Guardant”) Complaint
`
`
`
`
`
`Opening Letter Brief submitted herewith, the Motion should be granted because (i) FMI has acted
`
`diligently and in good faith; and (ii) amendment of FMI’s pleadings is neither prejudicial to
`
`1 As explained in FMI’s
`
`Guardant nor futile.
`
`
`1 Pursuant to D. Del. LR 15.1, a “blackline” comparison to Defendant’s prior pleading is attached
`as Exhibit A. A clean copy of Defendant’s amended answer and counterclaims is attached as
`Exhibit B.
`
`
`
`PUBLIC VERSION
`
`Confidential Version Filed: April 16, 2021
`
`Public Version Filed: May 5, 2021
`
`
`
`Case 1:20-cv-01580-LPS Document 68 Filed 05/05/21 Page 2 of 4 PageID #: 12499
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Eric J. Marandett
`G. Mark Edgarton
`Sophie F. Wang
`Diane C. Seol
`John C. Calhoun
`CHOATE HALL & STEWART LLP
`Two International Place
`Boston, MA 02110
`(617) 248-5000
`
` April 16, 2021
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`
`
`/s/ Jeremy A. Tigan
`Karen Jacobs (#2881)
`Jeremy A. Tigan (#5239)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`kjacobs@morrisnichols.com
`jtigan@morrisnichols.com
`
`Attorneys for Foundation Medicine, Inc.
`
`
`
`2
`
`
`
`Case 1:20-cv-01580-LPS Document 68 Filed 05/05/21 Page 3 of 4 PageID #: 12500
`
`
`
`7.1.1 CERTIFICATION
`
`I hereby certify that the subject of the foregoing motion has been discussed with counsel
`
`for the Plaintiff and that we have not been able to reach agreement. On April 3, 2021, FMI asked
`
`for Plaintiff’s consent to amend FMI’s Answer and Counterclaims. During meet and confers on
`
`April 5, 2021 and April 12, 2021, Guardant refused consent and indicated it would oppose FMI’s
`
`motion for leave to amend.
`
`
`/s/ Jeremy A. Tigan
`Jeremy A. Tigan (#5239)
`
`
`
`
`
`
`
`
`
`
`
`Case 1:20-cv-01580-LPS Document 68 Filed 05/05/21 Page 4 of 4 PageID #: 12501
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 20-01580 (LPS)
`
`
`
`
`)))))))))
`
`
`
`
`
`v.
`
`GUARDANT HEALTH, INC.,
`
`
`Plaintiff,
`
`
`FOUNDATION MEDICINE, INC.,
`
`
`Defendant.
`
`[PROPOSED] ORDER GRANTING DEFENDANT FOUNDATION MEDICINE, INC.’S
`MOTION FOR LEAVE TO AMEND ITS ANSWER AND COUNTERCLAIMS
`
`Before the Court is Defendant Foundation Medicine, Inc.’s Motion for Leave to
`
`Amend its Answer and Counterclaims (the “Motion”). The Court, having considered FMI’s
`
`Motion, the parties’ briefing, and the relevant authorities, finds that Defendant’s Motion
`
`should be GRANTED.
`
`IT IS SO ORDERED.
`
`
`Dated: ________________
`
`
`
`
`
`
`
`
`
`
`
`___________________________________
`United States District Judge
`
`
`
`
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