MedioStream Inc v. Microsoft Corporation, No. 2:08-cv-00369 (E.D. Tex. Oct. 27, 2010)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

I. Introduction Currently pending before the Court are four motions seeking to dismiss Defendants’ counterclaims and affirmative defenses relating to inequitable conduct. (Dkt. No. 223, 224, and 225) Specifically, Plaintiff seeks to dismiss and all Defendants’ inequitable conduct affirmative defenses and counterclaims under Rule 12(f) and Rule 12(b)(6), respectively, for failure to comply with Rule 9 (Dkt. Nos. 223 and 224). Having reviewed the briefing, the Court finds that Plaintiff’s motions1 should be DENIED. II.