ORACLE AMERICA, INC. v. Micron Technology, Inc.

ORDER DENYING MOTION TO STRIKE AFFIRMATIVE DEFENSE

PHYLLIS J. HAMILTON, District Judge.

Plaintiffs motion to strike the twenty-first affirmative defense came on for hearing on July 20, 2011 before this court. The parties appeared through their respective counsel. Having read all the papers submitted and carefully considered the relevant legal authority and argument of counsel, the court hereby DENIES plaintiffs motion to strike for the reasons set forth below.

BACKGROUND

This matter is related to the DRAM MDL antitrust litigation (M 02-1486 PJH). Plaintiff Oracle America, Inc. brings this action…