Fujitsu Ltd. v. Tellabs Ops., Inc., No. 09 C 4530, Slip Op. (N.D. Ill. Jul. 19, 2012) (Holderman, C.J.).
Chief Judge Holderman denied plaintiff Fujitsu’s motion to strike defendant Tellabs’ unclean hands defense and its unfair competition claim. Neither count was pled. They were only identified in Tellabs’ supplemental initial disclosures. Tellabs reasoned that it could not ascertain whether it needed to seek leave to amend adding the claims to the pleadings until after a Rule 30(b)(6) corporate deposition. Regardless, the Court held it need not address Fujitsu’s concerns until Tellabs actually sought leave to amend its pleadings.