In the instant motion for Rule 11 sanctions, Groupon alleges that the four counts asserted in eWinWin’s original complaint are frivolous and unsupportable. However, the amended complaint is substantially different from the original complaint in that eWinWin withdrew the infringement claims of two previously asserted patents, narrowed the infringement claims in another previously asserted patent, and added claims of infringement of a newly issued patent to the action. Because eWinWin’s amended complaint is substantially different from the original complaint and because Groupon’s motion for Rule 11 sanctions is based on the original complaint, the Court denies Groupon’s Rule 11 motion for sanctions without prejudice.
eWinWin v. Groupon, slip op., Case No. 8:10-cv-02678 (M.D. Fla. May 23, 2011) (J. Bucklew)