Touchtunes Music Corp. v. Rowe International Corp. et al

Filing 145

OPINION re: 100 MOTION for Leave to File to Amend the Pleadings with Notice of Motion filed by Arachnid, Inc. For the reasons set forth in this Order, the motion by Arachnid for leave to file a First Amended Answer and Counterclaim is granted. (Signed by Judge Robert W. Sweet on 5/11/2010) (tro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

TOUCHTUNES MUSIC CORP.,
Plaintiff, -againstROWE INTERNATIONAL CORP., ARACHNID, INC., AM1 ENTERTAINMENT, INC. and MERIT INDUSTRIES, INC., Defendants 07 Civ. 11450 OPINION

ELECIXONICALLY FILED
APPEARANCES:

Attorneys for Plaintiff
TouchTunes Music Corp.
KAYE SCHOLER LLP
425 Park Avenue
New York, NY 10022-3589
By: James S. Blank, Esq.
Joseph S. Presta, Esq.
NIXON & VANDERHYE, P.C.
901 North Gelbe Road, Suite 1100
Artlington, VA 22203
By: Joseph S. Presta, Esq.
Jonathon T. Reavill, Esq.
Attorneys for Defendant
Arachnid, Inc.
MCANDREWS, HELD & MALLOY 500 West Madison Street Chicago, IL 60661 By: James P. Murphy, Esq. Paul W. McAndrews, Esq.

Sweet, D . J .

Defendant and Counterclaimant Arachnid, Inc. ("Arachnid") has moved pursuant to Rule 15(a) of the Federal Rules of Civil Procedure for leave to file a First Amended Answer and Counterclaim containing an additional counterclaim of patent infringement against Plaintiff Touchtunes Music Corporation ("Touchtunes") for infringement of Arachnid's U.S. Patent Number 6,191,780 (the "780 patent"). Upon the facts and conclusions set

forth below, the motion is granted.

Prior Proceedings

This action originated as a declaratory judgment patent infringement action filed by Touchtunes on December 20, 2007. Touchtunes originally asserted that Defendants

Rowe International Corp. ("Rowe"), AM1 Entertainment, Inc., and Merit Industries, Inc. (collectively, the "Rowe Defendants"), infringed several of Touchtunes' U.S. Patents. Touchtunes also sought a declaratory judgment of

noninfringement and invalidity of six patents, including the '780 patent, owned by Arachnid (the "Arachnid patentsin-suit"). In its Answer and Counterclaims, filed on