Counterclaim Stricken Where Damages Sought Without Leave

Princeton Digital Image Corp. v. Hewlett-Packard, Co., et al.

Case Number: 1:12-cv-00779-RJS (Dkt. 451)

Judge Sullivan had granted defendant leave to file an amended answer to assert various affirmative defenses and counterclaims based on a license defense predicated on a settlement agreement in another matter. Plaintiff later moved to strike several of the defenses and counterclaims, including one counterclaim seeking damages. The court said that the defenses all arose from the settlement agreement, and that the declaratory judgment counterclaims simply paralleled the defenses. Hence, the court concluded that those counterclaims and all the defenses were authorized. However, noting that the particular damages counterclaim was not raised in defendant’s premotion conference or in the conference before the court, Judge Sullivan granted the motion to strike with respect to that counterclaim.

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