Intel Corp. v. Hyundai Electronics America, Inc.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO STRIKE AND/OR DISMISS

I. Introduction.

This is a case for patent infringement. Plaintiff Intel Corporation has moved to strike and/or to dismiss in part the answer filed by five of the eight defendants (the five defendants who are party to this motion are hereinafter referred to as the “defendants”). The Court grants in part and denies in part Intel’s motion.

II. Facts.

Plaintiff Intel filed suit against eight different defendants, alleging infringement of nine different patents. The patents involve Erasable Programmable Read Only Memory semiconductor chips (EPROMs). Intel has brought the present motion to strike and/or to dismiss parts of defendants’ answer and counterclaim. The five defendants who have joined in the answer and counterclaim and who are parties to the present motion are Hyundai Electronics America, Inc.; Hyundai Electronics Industries Co., Ltd.; Cypress Electronics, Inc.; All-American Semiconductor, Inc.; and Pacesetter Electronics, Inc.

On August 5, 1987, Intel filed its complaint. The defendants involved in the present motion answered and counterclaimed on October 5, 1987. That answer included…