THERMOLIFE INTERNATIONAL, LLC v. D.P.S. NUTRITION, INC. et al
| THERMOLIFE INTERNATIONAL, LLC |
| D.P.S. NUTRITION, INC., TRIBRAVUS ENTERPRISES, LLC, A1 SUPPLEMENTS, INC., MUSCLE AND STRENGTH, LLC, SUPPZ INC., SUPPLEMENT DIRECT VENTURES, INC. and MASS NUTRITION, INC. |
| 2:2015cv00273 |
| February 26, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| XX US, Outside State |
| Arthur J. Schwab |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
70
MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART 60 Motion to Strike and DENYING 60 Motion to Dismiss Counterclaims. Thermolife's Motion to Strike Defendants' Third Affirmative Defense (Inequitable Conduct) is GRANTED as to Defen dants D.P.S. Nutrition, Inc.; A1 Supplements, Inc.; Muscle and Strength, LLC; Suppz Inc.; and Supplement Direct Ventures, Inc. The third affirmative defense pled by these Defendants is STRICKEN; Defendants D.P.S. Nutrition, Inc.; A1 Supplements, Inc .; Muscle and Strength, LLC; Suppz Inc.; and Supplement Direct Ventures, Inc. may file an Amended Answer as to the Third Affirmative Defense (Inequitable Conduct) on or before August 21, 2015; Thermolife's Motion to Strike Defendants' Third Affirmative Defense (Inequitable Conduct) is DENIED as to Defendant iForce; Thermolife's Motion to Dismiss Counterclaims Counts I, II, V, and VI under Fed.R.Civ.P. 12(b)(6) is DENIED. See Order for further details. Signed by Judge Arthur J. Schwab on 08/12/2015. (lcb)
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