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SUN-FLEX CO. v. SOFTVIEW COMPUTER PRODUCTS CORP.

No. 89 C 296.

750 F.Supp. 962 (1990)

SUN-FLEX COMPANY INCORPORATED, a California Corporation, and DACA International B.V., a Netherlands Corporation, Plaintiffs/Counterdefendants, v. SOFTVIEW COMPUTER PRODUCTS CORP., a New York Corporation, and Robert King, Defendants/Counterplaintiffs.

United States District Court, N.D. Illinois, E.D.

November 20, 1990.

Attorney(s) appearing for the Case

Raymond P. Niro, William L. Niro, Samuel L. Alberstadt, Niro, Scavone, Haller & Niro, Chicago, Ill., Albert J. Hillman, Henry C. Bunsow, Mark L. Pettinari, William J. Bohler, Townsend and Townsend, San Francisco, Cal., for plaintiffs/counterdefendants.

Brian W. Norkett, Riordan, Larson, Bruckert & Moore, Chicago, Ill., Philippe Bennett, Kenyon & Kenyon, New York City, for defendants/counterplaintiffs.

ORDER

BUA, District Judge.

The plaintiffs in this patent infringement action, Sun-Flex Company and Daca International B.V., have moved to strike an affirmative defense asserted by defendants Softview Computer Products Corp. and Robert King. In paragraph 21 of the amended answer, defendants attack the enforceability of the disputed patent on the ground that plaintiffs engaged in "inequitable conduct" before the Patent and Trademark Office ("PTO").

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