Related non-patent counterclaims will be tried with patent liability

Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-022-MPT, December 22, 2011.

Thynge, M. J.  Motion to sever, dismiss, bifurcate, or transfer counterclaims is denied.

 

This patent infringement case involves technology associated with a system for marketing prepaid tickets for leisure activity.  Defendant asserted numerous non-patent counterclaims, including claims under the Delaware Deceptive Trade Practices Act, tortious interference, attempted monopolization, and false advertising.  Plaintiff moved to sever, dismiss, bifurcate, or transfer the counterclaims, asserting, inter alia, no logical relationship between the counterclaims and the patents in issue.  The motion was denied.  There is some factual relationship between the counterclaims and the patents-in-suit which plaintiff acknowledge in a different litigation.

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