Anza Tech. v. Mushkin was decided on August 16, 2019 on appeal from the District of Colorado. Plaintiff Anza filed this action in March 2017 against Defendant Mushkin in the Eastern District of California. In September 2017, Anza filed its first amended complaint, which joined Avant as a co-defendant. The Eastern District of California severed Anza’s claims against Mushkin and transferred the case against Mushkin to the District of Colorado. Anza filed its second amended complaint in June 2018, alleging infringement of two new patents. “Anza also omitted ten of the sixteen products that had been accused in the original complaint and added two new products that had not previously been accused.” The district court “granted Mushkin’s motion, ruling that the new infringement claims did not relate back to the date of the original complaint.” “Because Anza acknowledged that Mushkin’s allegedly infringing activity all took place more than six years before the filing date of the second amended complaint, the court held that the effect of ruling that the second amended complaint did not relate back to the filing date for the original complaint was that all the asserted claims in the second amended complaint were time-barred” under 35 U.S.C. § 286. Anza appealed.
The Federal Circuit reversed in part and vacated in part the motion to dismiss grant on relation back, and remanded.
Section 286 of the Patent Act provides that “no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint … for infringement in the action.”
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The Federal Circuit held “that the claims in the second amended complaint that relate to the six originally accused products… relate back to the date of the original complaint under Rule 15(c).” “For those products, section 286 does not wholly bar an award of damages.” “For the products that were added for the first time in the second amended complaint,” the Federal Circuit “vacated the order of dismissal and remand for the district court to determine… whether the allegations regarding those products should relate back to the filing date of the original complaint” based on the legal standard set forth in the opinion.