Inequitable conduct defense is allowed but extraneous matter is stricken
Symbol Technologies, Inc. et al. v. Aruba Networks, Inc., C.A. No. 07-519-JJF, March 30, 2009.
Farnan, J. Plaintiffs’ motion to strike certain portions of the defendant’s answer and counterclaim is granted in part.
The patents-in-suit generally relate to wireless communications and Wireless Local Area Networks. Plaintiffs moved to strike certain parts of defendant’s answer and counterclaim pursuant to 12 (f). Defendant’s laches defense and defense and counterclaim alleging inequitable conduct is insufficient and is therefore dismissed. In addition the summary and introduction to defendant’s answer and counterclaim is unrelated in any substantive way to the equitable defenses and therefore is stricken.
