MacLean-Fogg Company v. Eaton Corporation, No. 2:07-cv-00472 (E.D. Tex. Apr. 7, 2008)

From the Opinion

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Before the Court is Plaintiff MacLean-Fogg ‘s (“MF”) Motion to Strike Defendant Eaton’s Third and Fourth Affirmative Defenses (Docket No. 17). After careful consideration of the parties’ written submissions, the Court DENIES MF’s motion. BACKGROUND MF contends that Eaton infringes 11 patents. In Eaton’s original answer, it asserted multiple affirmative defenses. MF moved to strike Eaton’s third and fourth affirmative defenses, contending they were legally insufficient.