Bereslavsky v. Socony-Vacuum Oil Co.

MANDELBAUM, District Judge.

This is a patent infringement suit seeking injunctive relief and an accounting for profits and damages.

Plaintiff moves for leave to amend its complaint by striking allegations relating to equitable relief and substituting allegations seeking money damages. The basis for the motion appears to be that the patent has expired and with it the plaintiff’s right to injunctive relief. The only claim he now has, says the plaintiff, is for money damages arising out of defendant’s infringement.

The defendant questions the necessity of this amendment. This objection is not…