Portney
Portney v. Ciba Vision Corp.
Opinion
Opinion
Guilford, J.
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS CIBA’S COUNTERCLAIMS PURSUANT TO FRCP 12(b)(6) OR IN THE ALTERNATIVE TO BIFURCATE ANTITRUST COUNTERCLAIMS PURSUANT TO FRCP 42, AND MOTION TO STRIKE CIBA’S AFFIRMATIVE DEFENSES PURSUANT TO FRCP 12(f)
Before the Court is the Motion to Dismiss CIBA’s Counterclaims Pursuant to FRCP 12(b)(6), or in the Alternative, to Bifurcate Antitrust Counterclaims Pursuant to FRCP 42, and Motion to Strike CIBA’s Affirmative Defenses Pursuant to FRCP 12(f) (“Motion”), filed by Plaintiff and Counterclaim Defendant Valdemar Portney (“Plaintiff’). After considering the moving, opposing, and reply papers, and oral argument from the parties, the Court GRANTS in part and DENIES in part the Motion.
BACKGROUND
Plaintiff filed this action in July 2007, alleging that Defendant and Counterclaim Plaintiff CIBA Vision (“Defendant”) is liable for breaching a 1994 licensing agreement between the parties. Plaintiff contends that the parties entered into the licensing agreement to allow Defendant access to patents and other specialized technology related to multifocal contact lenses, and that in exchange Plaintiff was to receive royalties…