MEMORANDUM OPINION AND ORDER
TOM S. LEE, District Judge.
This cause is before the court on the motion of counterdefendant American Television and Communication (ATC) to dismiss counts III and IV of the amended counterclaim by counterplaintiff Tru Vision, Inc., pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Tru Vision timely responded to the motion and the court has considered the memoranda of authorities submitted by the parties.
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