Judge Saylor of the United States District Court for the District of Massachusetts recently narrowed the counterclaims and affirmative defenses available to a defendant in a consumer products dispute. The decision highlights not only the importance of pleading sufficient facts to meet the applicable standard, but also the potential effect of a parties’ representations when responding to a motion to dismiss.
In late December 2016, Plaintiff PetEdge brought suit against Marketfleet Sourcing, Inc. d/b/a FrontPet for infringement of PetEdge’s patent directed to a “Folding Pet Ramp and Steps.” In response, Marketfleet filed an answer containing a number of affirmative defenses and alleging Non-infringement, Invalidity, and False Marking counterclaims. PetEdge subsequently moved to dismiss the counterclaims and certain affirmative defenses under Federal Rules of Civil Procedure 12(b)(6) and 12(f). Continue Reading