Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 1732

ORDER STRIKING INTERVENING RIGHTS DEFENSE FROM DEFENDANTS' SECOND AMENDED COMPLAINT, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS. Signed by Judge Joseph C. Spero on April 3, 2012 (jcslc1, COURT STAFF) (Filed on 4/3/2012).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VOLTERRA SEMICONDUCTOR
CORPORATION,

Case No. C-08-05129 JCS

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v.

ORDER STRIKING INTERVENING
RIGHTS DEFENSE FROM
DEFENDANTS’ SECOND AMENDED
ANSWER, AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS

PRIMARION, INC., ET AL.,
Defendants.
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For the Northern District of California

United States District Court

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Plaintiff,

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On December 22, 2011, the Court granted in part Defendants’ motion to amend their answer

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to assert an intervening rights affirmative defense. See Docket No. 1649 (Defendants’ Motion for

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Leave (1) to Amend Their Answer to Assert a Defense of Intervening Rights, (2) to Move for

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Summary Judgment on Their Intervening Rights Defense, and (3) to Move to Set Aside the Parties’

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Stipulations and for Reconsideration of Summary Judgment of Infringement), Docket No. 1681

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(minute order of December 22, 2011 hearing). On the record, the Court explained that it was

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permitting Defendants to amend their answer at this late stage of the case only because of a change

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in the law, namely, the Federal Circuit’s decision in Marine Polymer Techs., Inc. v. Hemcon, Inc.,

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--- F.3d ---, No. 2010-1548, 2011 WL 4435986 (Fed. Cir. Sept. 26, 2011). Subsequently, the

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Federal Circuit, sitting en banc, reversed the panel decision in the Marine Polymer case. See Docket

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No. 1728. Therefore, the Court STRIKES Defendants’ intervening rights defense (asserted as

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Defendants’ Ninth Affirmative Defense in the Second Amended Answer, Affirmative Defenses, and

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Counterclaims, docket no. 1693).

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IT IS SO ORDERED.

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Dated: April 3, 2012

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_______________________________
JOSEPH C. SPERO
United States Magistrate Judge

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For the Northern District of California

United States District Court

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