Tessenderlo Kerley, Inc. v. Or-Cal, Inc

Filing 73

ORDER GRANTING LEAVE TO FILE AMENDED ANSWER AND COUNTERCLAIMS by Judge William Alsup [granting 71 Motion for Leave to File]. (whasec, COURT STAFF) (Filed on 4/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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TESSENDERLO KERLEY, INC.,
a Delaware corporation.
No. C 11-04100 WHA
Plaintiff,

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v.

Defendant.
/

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ORDER GRANTING LEAVE
TO FILE AMENDED ANSWER
AND COUNTERCLAIMS

OR-CAL, INC., an Oregon
corporation,

Defendant Or-Cal Inc., seeks leave to file an amended answer and counterclaims, which

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counsel for plaintiff has stated it will not oppose (Feeman Decl. at 2). The dismissal order

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identified the defects in defendant’s pleading and stated that “[b]ased on defendant’s opposition

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brief and arguments made at the hearing . . . the Court is confident that defendant will be able

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to sufficiently reallege its inequitable conduct allegations to satisfy the Exergen standard”

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(Dkt. No. 66 at 7). Defendant’s proposed amended counterclaims do so. Defendant’s motion

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for leave to file its amended answer and counterclaims is accordingly GRANTED.

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IT IS SO ORDERED.
Dated: April 23, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE