Angioscore, Inc. v. Trireme Medical, Inc. et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying #26 Motion for Sanctions; denying #23 Motion to Strike (fs, COURT STAFF) (Filed on 12/5/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANGIOSCORE, INC.,
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Plaintiff,
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United States District Court
Northern District of California
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vs.
TRIREME MEDICAL, INC. et al.,
Case No.: 12-CV-03393 YGR
ORDER (1) DENYING MOTION TO STRIKE, OR
DISMISS CERTAIN AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS; AND (2) DENYING
MOTION FOR SANCTIONS PURSUANT TO FED.
R. CIV. P. 11
Defendant(s).
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Plaintiff AngioScore, Inc. (“AngioScore”) brings this patent infringement lawsuit against
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Defendants TriReme Medical, Inc. (“TriReme”), Eitan Konstantino (“Konstantino “) and Quattro
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Vascular PTE Ltd. TriReme and Konstantino Answered and Counterclaimed for Declarations of
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noninfringement and invalidity, and sued for unfair business practices and other business torts.
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AngioScore has filed a Motion to Strike Certain Affirmative Defenses and to Dismiss
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Certain Counterclaims on the grounds that they fail to provide fair notice of the asserted claims or
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defenses. TriReme and Konstantino have filed a Motion for Rule 11 Sanctions on the grounds that
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AngioScore failed to conduct a reasonable inquiry into the facts prior to filing this lawsuit.
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Having carefully considered the papers submitted and the pleadings in this action, for the
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reasons set forth at the hearing on the motions and for the reasons set forth below, the Court hereby
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DENIES both Motions.
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With respect to the Motion for Sanctions, it is premature at this stage in the litigation to
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consider whether the factual contentions in the Amended Complaint have evidentiary support. The
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parties have not conducted meaningful discovery, the Court has not construed the claims in the
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patent-in-suit, and the merits of the case have not been decided. Therefore, the Court DENIES the
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Motion for Sanctions.
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As to the Motion to Strike, or Dismiss Certain Affirmative Defenses and Counterclaims,
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AngioScore requests more specificity and particularity than is required by Rule 8. Therefore, the
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Court DENIES the Motion to Strike or Dismiss.
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This Order Terminates Docket Numbers 23 & 26.
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IT IS SO ORDERED.
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Date: December 5, 2012
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
United States District Court
Northern District of California
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