In an August 30, 2013 ruling, Judge Alvin K. Hellerstein denied plaintiff Alcorn Communications, LLC's motion to strike defendant Marketwire, Inc.'s patent infringement affirmative defenses of prosecution history estoppel and/or prior art finding that "these allegations are too important, and too conclusory, to be answered, but no answer to an affirmative defense is required." The Court, however, cautioned that "without greater specificity, no discovery will be allowed with respect to this defense, and the defense is likely to be stricken before trial."
for the Southern District of New York
Court Declines to Strike Patent Infringement Affirmative Defense of Prosecution History Estoppel as Inadequately Pled
In an August 30, 2013 ruling, Judge Alvin K. Hellerstein denied plaintiff Alcorn Communications, LLC's motion to strike defendant Marketwire, Inc.'s patent infringement affirmative defenses of prosecution history estoppel and/or prior art finding that "these allegations are too important, and too conclusory, to be answered, but no answer to an affirmative defense is required." The Court, however, cautioned that "without greater specificity, no discovery will be allowed with respect to this defense, and the defense is likely to be stricken before trial."
Labels
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09 Civ. 10112
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09 Civ. 528
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10 Civ. 3734
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10 Civ. 7246
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11 Civ. 1001
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11 Civ. 1594
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11 Civ. 4985
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11 Civ. 6808
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12 Civ 5071
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12 Civ. 3699
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12 Civ. 3810
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12 Civ. 4919
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12 Civ. 5070
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12 Civ. 5230
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12 Civ. 6283
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12 Civ. 779
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12 Civ. 7902
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12 Civ. 9260
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12 Civ. 95
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13 Civ. 1787
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13 Civ. 684
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ACPA
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Advice of Counsel
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Affirmative Defense
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ANDA
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Anonymity
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2
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Attorneys' Fees
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18
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Bifurcation
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Breach of Contract
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2
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Case or Controversy
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2
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Contempt
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2
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Copyright
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Copyright Infringement
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76
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Counterfeiting
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4
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Damages
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7
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Declaratory Judgment
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Default Judgment
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2
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Federal Circuit
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2
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First Sale Doctrine
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1
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Fraud
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1
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Fraudulent Concealment
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1
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Infringement Contentions
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3
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Interlocutory Appeal
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4
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Judge Abrams
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Judge Buchwald
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3
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Judge Castel
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Judge Cedarbaum
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Judge Daniels
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4
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Judge Dolinger
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2
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Judge Forrest
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Judge Gardephe
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5
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Judge Hellerstein
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4
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Judge Oetken
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5
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Judge Preska
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4
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Judge Ramos
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1
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Judge Schofield
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5
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Judge Sullivan
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12
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Moot
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Motion to Quash
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Patent
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Patent Infringement
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56
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Preliminary Injunction
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4
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Reasonable Royalty
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2
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Renewal
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1
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Safe Harbor
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Subject Matter Jurisdiction
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5
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Summary Judgment
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Trademark
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Trademark Infringement
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Willfulness
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