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Motion To Strike Affirmative Defenses

WilmerHale

Combating Affirmative Defense Inflation

WilmerHale on

Earlier this month, a magistrate judge in the Northern District of California dealt another blow to the “kitchen sink” approach to pleading affirmative defenses. In Wesch v. Yodlee, Inc., Magistrate Judge Sallie Kim granted...more

Jones Day

Motion To Strike Invalidity Defense Denied… For Now

Jones Day on

On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to...more

Akin Gump Strauss Hauer & Feld LLP

Invalidity Defenses Will Not Be Stricken at Pleading Stage Despite Defendant’s Earlier PGR Petition

A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more

Fox Rothschild LLP

Love May Make A Subaru A Subaru, But Title Is Still Required To Claim It.

Fox Rothschild LLP on

N.C. Business Court Rejects Novel Fraudulent Conveyance Defense Which Offered Up Assets of Allegedly Drained Entity. The N.C. Business Court has issued three rulings this summer on the pleadings in Willard v. Barger, 19...more

Womble Bond Dickinson

Motion to Strike Granted- Court Strikes Down FCRA Affirmative Defense

Womble Bond Dickinson on

In Cook v. Mt. Am. Fed. Credit Union, 2018 U.S. Dist. LEXIS 162234 (D. Az. September 20, 2018), Plaintiff Tyler Cook (“Plaintiff”) moved to strike defendant Mountain America Federal Credit Union’s answer to Plaintiff’s first...more

Nutter McClennen & Fish LLP

Fantastic Beast Sighting in the District of Massachusetts—Motion to Strike Allowed

In PetEdge, Inc. v. Yahee Technologies Corp., PetEdge accused Yahee of infringing U.S. Patent No. 7,621,236 (the “’236 patent”), which is entitled “Folding Pet Ramp and Steps.” PetEdge designs, makes, and sells merchandise...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Refuses to Disturb Judgment Based On “Newly Discovered” Evidence That Was Available in Russian Public Records...

What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v....more

Morris James LLP

Equitable Conduct Affirmative Defense Is Stricken

Morris James LLP on

The court finds that defendants’ inequitable conduct defense is not plausible since it is based solely on plaintiff’s failure to disclose information related to the Interference. The court finds that the BPAI terminated the...more

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