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Home / Opinion Digests / Defendant Missed Three Chances to Amend (access required)

Defendant Missed Three Chances to Amend (access required)

In this trademark infringement case, the defendant waived its affirmative defenses of claim preclusion and issue preclusion by waiting three months to ask to amend its answer to include these defenses, and the district court erred in setting aside the jury verdict for plaintiff and entering judgment for defendant, based on these preclusion defenses; the ...