Defendants' motion to dismiss under the first-to-file rule was granted where the court found that an amended complaint in a different lawsuit naming plaintiff party to that lawsuit related back to the original complaint. "[T]he following threshold question must be answered: for the purposes of the first-to-file rule, does an amended complaint that names a new party relate back to the original filing date? . . . This Court has been unable to locate any Federal Circuit precedent directly answering the threshold question, nor has either of the parties provided such authority. . . . [I]t is the court which first has possession of the subject matter of the lawsuits that is the first-filed court."
Horton Archery LLC v. American Hunting Innovations LLC et al., 5-09-cv-01604 (OHND January 27, 2010, Memorandum Opinion & Order) (Lioi, J.)
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