Xerox Corporation v. Media Sciences International, Inc. et al, No. 1:2006cv04872 - Document 166 (S.D.N.Y. 2009)

Court Description: MEMORANDUM OPINION AND ORDER #97318: For the reasons further set forth in said Order, Xerox's 99 Motion for Partial Summary Judgment on its First Affirmative Defense is GRANTED. While Xerox requested in its Amended Reply and Affirmative Defens e that the Court dismiss with prejudice Media Sciences's antitrust counterclaims to the extent that they challenge Xerox's loyalty rebate program, considering the plain language of Para. 18 and 25 of the Settlement Agreement and the policy favoring the availability of a judicial forum for antitrust claims, the motion is GRANTED without prejudice. 99 MOTION for Partial Summary Judgment on its First Affirmative Defense Concerning Media Sciences' Antitrust Counterclaim filed by Xerox Corporation. (Signed by Judge Richard J. Holwell on 3/30/09) (db) Modified on 3/31/2009 (mro).