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ZEP SOLAR, INC. v. WESTINGHOUSE SOLAR, INC.

No. C 11-06493 JSW.

ZEP SOLAR INC, Plaintiff, v. WESTINGHOUSE SOLAR INC, et al., Defendants.

United States District Court, N.D. California.

April 16, 2012.

Attorney(s) appearing for the Case

ZEP Solar, Inc, Plaintiff, represented by Deepak Gupta, Farella Braun + Martel LLP, Jeffrey M. Fisher, Farella Braun & Martel LLP, Morgan Todd Jackson, Farella Braun Martel LLP & Roderick Manley Thompson, Farella Braun & Martel LLP.

Westinghouse Solar, Inc, formerly known as Akeena Solar, Inc., Defendant, represented by Joseph Roger Rick Tache,, Snell and Wilmer L.L.P. & Deborah Susan Mallgrave, Snell & Wilmer L.L.P..

Andalay Solar, Inc, Defendant, represented by Joseph Roger Rick Tache,, Snell and Wilmer L.L.P., Deborah Susan Mallgrave, Snell & Wilmer L.L.P. & Harsh P Parikh, Snell Wilmer L.L.P..

Lightway Green New Energy Company, Ltd., Defendant, represented by Jeffrey G. Knowles, Coblentz, Patch, Duffy & Bass & Julia D. Greer, Coblentz, Patch, Duffy & Bass.

Brightway Global, LLC, Defendant, represented by Jeffrey G. Knowles, Coblentz, Patch, Duffy & Bass & Julia D. Greer, Coblentz, Patch, Duffy & Bass.

Morrison Supply Company, LLC, Defendant, represented by Deborah Susan Mallgrave, Snell & Wilmer L.L.P. & Harsh P Parikh, Snell Wilmer L.L.P..

SKY Solar Solutions, LLC, Defendant, represented by Deborah Susan Mallgrave, Snell & Wilmer L.L.P. & Harsh P Parikh, Snell Wilmer L.L.P..

Alternative Power & Electric, Defendant, represented by Joseph Roger Rick Tache,, Snell and Wilmer L.L.P., Deborah Susan Mallgrave, Snell & Wilmer L.L.P. & Harsh P Parikh, Snell Wilmer L.L.P..

Andalay Solar, Inc, Counter-claimant, represented by Joseph Roger Rick Tache,, Snell and Wilmer L.L.P. & Deborah Susan Mallgrave, Snell & Wilmer L.L.P..

Westinghouse Solar, Inc, Counter-claimant, represented by Joseph Roger Rick Tache,, Snell and Wilmer L.L.P., Deborah Susan Mallgrave, Snell & Wilmer L.L.P. & Harsh P Parikh, Snell Wilmer L.L.P..

ZEP Solar, Inc, Counter-defendant, represented by Deepak Gupta, Farella Braun + Martel LLP, Jeffrey M. Fisher, Farella Braun & Martel LLP & Roderick Manley Thompson, Farella Braun & Martel LLP.

Brightway Global, LLC, Counter-claimant, represented by Jeffrey G. Knowles, Coblentz, Patch, Duffy & Bass & Julia D. Greer, Coblentz, Patch, Duffy & Bass.

Lightway Green New Energy Company, Ltd., Counter-claimant, represented by Jeffrey G. Knowles, Coblentz, Patch, Duffy & Bass & Julia D. Greer, Coblentz, Patch, Duffy & Bass.

ZEP Solar, Inc, Counter-defendant, represented by Deepak Gupta, Farella Braun + Martel LLP, Jeffrey M. Fisher, Farella Braun & Martel LLP & Roderick Manley Thompson, Farella Braun & Martel LLP.

ORDER GRANTING MOTION TO STRIKE SECOND CLAIM FOR RELIEF AND AFFIRMATIVE DEFENSE OF INEQUITABLE CONDUCT (Docket No. 37)

JEFFREY S. WHITE, District Judge.

INTRODUCTION

This matter comes before the Court upon consideration of the Motion to Strike and/or Dismiss filed by Zep Solar, Inc. ("Zep"). In this motion, Zep moves to strike or dismiss a counterclaim for relief and an affirmative defense premised on alleged inequitable conduct that has been asserted...

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