Analytichem International, Inc. v. Har-Len Associates., Inc.

OPINION

DUMBAULD, Senior District Judge.

Before us for disposition are two motions unconnected with the validity of the patent involved in the case or its infringement: (1) motion by plaintiff * to strike under Rule 12(f) FRCP as an “insufficient defense” defendant’s first affirmative defense (unclean hands); and (2) motion by defendant under Rule 56 FRCP for summary judgment upon the ground of patent misuse.

Apparently it is not disputed that plaintiff’s motion is untimely under Rule 12(f), but we shall examine the merits of whether it should be granted because the proffered affirmative defense…