Essex International, Inc. v. Industra Products, Inc.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, District Judge.

This patent infringement action is now before the court upon plaintiffcounterdefendant's consolidated motions to strike defendant-counterclaimant’s fifth affirmative defense and to dismiss counts 2 and 3 of defendant-counter-claimant’s counterclaim. For the reasons stated below, the motion to strike will be denied and the motion to dismiss will be granted in part and denied in part.

For the purpose of considering the instant motions, the extensive facts of this case may be summarized as follows. Plaintiff, Essex International, Inc.,…