Qarbon. Com Inc. v. eHelp Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSES AND DISMISS COUNTERCLAIMS WITH LEAVE TO AMEND

I. INTRODUCTION

In this patent infringement case, the Court considers whether affirmative defenses and counterclaims stated in conclu-sory terms provide sufficient notice under Rule 8 of the Federal Rules of Civil Procedure. Plaintiff Qarbon.com Incorporated (“Qarbon”) filed a motion to dismiss Defendant eHelp Corporation’s (“eHelp”) three affirmative defenses and two counterclaims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. In the alternative, Qarbon moved to strike eHelp’s affirmative defenses under Rule 12(f). The motions were heard on February 2, 2004. For reasons stated below, the Court grants Qarbon’s motion to strike affirmative defenses, with leave to amend and grants Qarbon’s motion to dismiss the two counterclaims, also with leave to amend.

II. BACKGROUND

Qarbon is a Delaware corporation with its principal place of business in San Jose, California. Qarbon is allegedly the owner of United States Patent No. 6,404,441 B1 (“the ’411 patent”) issued on June 11, 2002. The ’411 patent was issued to Alexandre…