Filtalert Corporation v. International Business Machines Corporation et al

Filing 109

ORDER denying 89 Motion to Strike; denying 33 Motion to Strike; denying 38 Motion to dismiss; denying 91 Motion to Strike. Signed by Chief Judge James C. Dever III on 6/22/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DMSION
No. 7:15-CV-276-D

FILTALERT CORPORATION,
Plaintiff,
v.
INTERNATIONAL BUSINESS
MACHINESCORPORATION,md
LENOVO (UNITED STATES) INC.,
Defendmts.

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ORDER

On October 19, 2015, Filtalert Corporation ("Filtalert" or "plaintiff') moved to strike
Lenovo (United States) Inc.'s ("Lenovo") affirmative defenses md dismiss its counterclaims. See
[D.E. 33]. On October 26, 2015, Filtalert moved to strike International Business Machlnes
Corporation's ("ffiM'') affirmative defenses md dismiss its counterclaims. See [D.E. 38]. Lenovo
md ffiM responded in opposition. See [D.E. 49, 51].
The court has reviewed Filtalert's motions under the governing stmdards. See Fed. R. Civ.
P. 12(b)(6), (f). The motions lack merit md are denied. Likewise, the court denies Filtalert' s motion
to strike ffiM's five affirmative defenses in ffiM's second amended answer [D.E. 89] md to strike
Lenovo's eleven affirmative defenses in Lenovo's first amended answer. See [D.E. 91].
In sum, Filtalert's motions to strike md to dismiss [D.E. 33, 38, 89, 91] are DENIED.
SO ORDERED. This .11. day of June 2016.

Chief United States District Judge