Sprint Nextel Corp. v. Middle Man, Inc.

*1188MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

The court has before it dueling motions for judgment on the pleadings by plaintiff/ counterclaim defendant Sprint Nextel Corporation and defendant/ counterclaimant The Middle Man, Inc. See Dkts. 90 & 92. The parties each seek judgment on Count I of Middle Man’s counterclaim. After reviewing the parties’ arguments, the court is prepared to rule.

I. Background

Middle Man buys and resells pre-owned wireless phones, including phones originally programmed to operate on the Sprint network. Typically, Middle Man buys these phones from consumers who…