Brunswick Corp. v. Outboard Marine Corp.

OPINION AND ORDER

REYNOLDS, District Judge.

This action for infringement arises under the patent laws of the United States, Title 35 U.S.C. §§ 271, 281, et seq. Defendant denies infringement and alleges that the patent in question is invalid. Defendant has also filed a counterclaim for declaratory judgment on the issue of the patent’s validity. Plaintiff, in turn, has moved under Rule 12(f) of the Federal Rules of Civil Procedure for an order of this court striking defendant’s declaratory judgment counterclaim on the grounds that it is redundant, sham, and frivolous. The parties have submitted…