Case 4:13-cv-00342-KGB Document 11 Filed 08/15/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS

P. S. PRODUCTS, INC., and BILLY PENNINGTON, Individually

PLAINTIFFS

v.

Civil Action No. 4:13-cv-342-KGB

ACTIVISION BLIZZARD, INC., ACTIVISION PUBLISHING, INC., and TREYARCH CORPORATION.

DEFENDANTS

BRIEF IN SUPPORT OF MOTION FOR LEAVE TO AMEND COMPLAINT Rule 15(a) of the Federal Rules of Civil Procedure allows a party to amend its complaint with leave of the Court, and provides that leave to amend should be freely given when justice so requires. Plaintiffs filed their Complaint in this action on June 5, 2013. Defendants filed a Motion to Dismiss on July 18, 2013. Plaintiffs Response is due on August 16, 2013 and will file said Response. Plaintiffs wish to amend their Complaint to include the claim for Unfair Competition, Violation of the Deceptive Trade Practices Act and Infringement of Common Law Trademark. It has become clear to the Plaintiffs through the responsive pleadings that have been filed that the Defendants in violation of Unfair Competition by Misappropriation, Arkansass Deceptive Trade Practices Act and have infringed on the Plaintiff common law trademark. The paramount facts of this case revolve around the Defendants offering for sale video games that contain illegal images of the Plaintiffs patented design. No prior art existed of this design prior to the Plaintiffs patent. Likelihood of confusion to purchasers and potential purchasers will and has occurred.

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If the Plaintiffs are not granted leave to amend their complaint it would prevent the Plaintiff from filing a new action to preserve their claims. If leave is granted justice will be served. The Amended Complaint will not prejudice Defendants in any way or delay trial of this matter. Granting leave will not delay the trial. Justice requires that leave be given to amend this complaint. The Plaintiff has not previously amended its complaint. Accordingly, Plaintiffs Motion should be granted. Plaintiff respectfully moves the Court for leave to amend. Dated: August 15, 2013 STEWART LAW FIRM /s/ Chris H. Stewart By: Chris H. Stewart Ark. Bar No. 03-222 Attorney for Plaintiffs 904 Garland Street Little Rock, AR 72201 Phone: 501-353-1364 Fax: 501-353-1263 Email: arklaw@comcast.net

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Case 4:13-cv-00342-KGB Document 11 Filed 08/15/13 Page 3 of 3

CERTIFICATE OF SERVICE I, the undersigned, hereby certify that the foregoing was electronically filed with the Clerk which shall send notification of such filing to the following: Richard Glasgow bglasgow@wlj.com

On this 15th day of August, 2013.

By: /s/ Chris H. Stewart Chris H. Stewart

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