Radiancy, Inc. v. Viatek Consumer Products Group, Inc.

OPINION AND ORDER

NELSON S. ROMÁN, District Judge.

Radiancy (“Plaintiff”) commenced this action against Viatek (“Defendant” and “Counterclaim Plaintiff”)- under 35 U.S.C. §§ 271 and 281 for patent infringement and pursuant to 15 U.S.C. § 1125(a)- for false advertising, trade dress infringement, trademark infringement, and unfair competition. In defense, Defendant asserted twenty-one Affirmative Defenses and seven Counterclaims against Radiancy and its parent company, PhotoMedex, Inc. (together, “Counterclaim Defendants”). Before the Court is Counterclaim Defendants’ motion to strike Affirmative…