Skillz Platform Inc. v. AviaGames Inc.
- Beth Freeman
- 5:21-cv-02436
- U.S. District Court · Northern District of California
- 5
In Skillz Platform v. AviaGames, Judge Freeman granted Skillz leave to amend its complaint with bot-use and willfulness allegations.
Skillz may file its second amended complaint by November 8, 2023. AviaGames must litigate against the added allegations, while retaining the ability to raise evidentiary objections in motions in limine and at trial.
What happened
Skillz Platform Inc. v. AviaGames Inc. concerns Skillz’s request to file a second amended complaint adding allegations that AviaGames used nonhuman players, or “bots,” and did so willfully in infringing Skillz’s patent.
The court found that Skillz acted diligently because it learned of the alleged bot use after discovery closed, and the parties then conducted additional discovery. The court also found little prejudice to AviaGames because discovery on the new allegations had already occurred.
Judge Beth Labson Freeman granted Skillz’s motion for leave to file a second amended complaint and ordered Skillz to file it by November 8, 2023.
The detailed version
- Skillz Platform Inc. v. AviaGames Inc. · No. 5:21-cv-02436
- Beth Freeman
- Nov. 6, 2023
Background
Skillz Platform Inc. asked to file a second amended complaint adding factual allegations that AviaGames Inc. used bots—nonhuman players—on its Pocket7Games platform to infringe Skillz’s patent. Skillz also sought to allege that AviaGames acted willfully. AviaGames opposed the request.
Skillz had previously sought to reopen discovery and amend its complaint based on the alleged bot use. The court reopened discovery concerning that issue but did not allow Skillz to file a supplemental complaint without first reviewing the proposed allegations. After additional discovery, Skillz filed the motion addressed in this order.
Legal Standard
Because the case had a scheduling order, Skillz first had to show “good cause” under Federal Rule of Civil Procedure 16 to modify the deadline for amending pleadings. The court focused primarily on whether Skillz had acted diligently. Skillz then also had to satisfy Rule 15(a)(2), which generally permits amendment with the court’s permission unless factors such as bad faith, undue delay, prejudice, or futility weigh against it.
Court’s Analysis
The court found good cause under Rule
- Skillz stated that it did not learn about the alleged bot use until discovery closed in May
- The court reopened discovery on August 23, 2023, and Skillz filed its motion for leave to amend on October 20,
- The court determined that these circumstances showed diligence, even though trial was less than one month away.
The court also found that any prejudice to AviaGames would be minimal because the parties had already conducted discovery on the new allegations and no further discovery was required. AviaGames’s arguments that the allegations were more prejudicial than probative could be raised in motions in limine and at trial.
Applying Rule 15(a)(2), the court found that the amendment was not shown to be in bad faith, was not unduly delayed, and would not unfairly prejudice AviaGames. The court also rejected AviaGames’s argument that the amendment would be futile. It stated that the new allegations provided additional support for Skillz’s infringement contentions, which had already been found sufficient to survive a motion to dismiss and a motion for summary judgment.
Disposition
The court GRANTED Skillz’s Motion for Leave to File a Second Amended Complaint. Skillz was ordered to file the second amended complaint by November 8, 2023. This order addressed whether Skillz could amend its pleading; it did not decide whether AviaGames infringed the patent or acted willfully.
Judge
The order was signed by Beth Labson Freeman, United States District Judge.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.