Intellectual Ventures I LLC et al v. Capital One Financial Corporation et al

Filing 161

MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 12/18/13. (klau, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

INTELLECTUAL VENTURES I LLC,
et al.,

Plaintiffs,

Civil Action No. 1:13-cv-00740 (AJT/TRJ)

v.

CAPITAL ONE FINANCIAL

CORPORATION, etal,
Defendants.

MEMORANDUM OPINION

On June 19,2013, Intellectual Ventures I, LLC and Intellectual Ventures II, LLC

(collectively, "Intellectual Ventures") filed suit against Capital One Financial Corporation,
Capital One Bank (USA), National Association and Capital One, National Association

(collectively, "Capital One") allegingpatent infringement. In response to plaintiffs' complaint,
Capital One filed its Answer and First Amended Counterclaims [Doc. No. 88], in which it
asserted a defense alleging "patent misuse" (the "Eighth Defense") based on the antitrust laws
and also added as counterclaim defendants a group of entities affiliated with Intellectual

Ventures (collectively, with Intellectual Ventures, referred to as "IV"). Counts 11, 12 and 13 of
the Amended Counterclaims assert antitrust claims under Section 2 of the Sherman Antitrust Act

and Section 7 of the Clayton Act.

IV has filed a Motion to Strike or Dismiss Amended Antitrust Counterclaims 11,12, and

13 and Eighth Affirmative Patent Misuse Defense (the "Motion to Dismiss") [Doc. No. 104] and

also an alternative Motion for Separate Trial on Antitrust and Patent Misuse Issues and to Stay
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