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July 10, 2020

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2 min read

Court Finds Motion to Amend Pleadings Untimely and Futile

In 2018, True Chemical Solutions LLC (True Chem) filed suit against Performance Chemical Company (PCC) seeking declaratory judgment of noninfringement and invalidity of patents owned by PCC. As a background, in 2017, several PCC employees left PCC to form True Chem to directly compete with PCC. The employees who left PCC to work for True Chem were heavily involved with the background of the patents at issue, as early as 2012, before PCC filed for its first patent in 2017. In other words, the former employees were well aware of the patents at issue many years prior to the filing of the lawsuit.

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Winston & Strawn’s WacoWatch series delivers information and analysis on Judge Alan Albright, his important decisions, his procedures, and emerging trends related to patent litigation in the Waco Division of the Western District of Texas.

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