Phoenix Technologies, Inc. v. TRW, INC.

MEMORANDUM AND ORDER

JOYNER, District Judge.

Presently before the Court is the motion of defendant, TRW, Inc., to amend its counterclaim against plaintiff, Phoenix Technologies, Inc., pursuant to Rule 15(a) of the Federal Rules of Civil Procedure. Plaintiff opposes this motion for three reasons: first, that the defendant delayed in filing this motion and there would be prejudice against plaintiff if defendant’s motion was granted; second, that the proposed counterclaim for fraud would be futile because an Agreement of Purchase and Sale between the parties entitles defendant only to retain…