Touchtunes Music Corp. v. Rowe International Corp. et al, No. 1:2007cv11450 - Document 145 (S.D.N.Y. 2010)

Court Description: OPINION re: 100 MOTION for Leave to File to Amend the Pleadings with Notice of Motion filed by Arachnid, Inc. For the reasons set forth in this Order, the motion by Arachnid for leave to file a First Amended Answer and Counterclaim is granted. (Signed by Judge Robert W. Sweet on 5/11/2010) (tro)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TOUCHTUNES MUSIC CORP., Plaintiff, 07 Civ. 11450 -against- OPINION ROWE INTERNATIONAL CORP., ARACHNID, INC., AM1 ENTERTAINMENT, INC. and MERIT INDUSTRIES, INC., Defendants ELECIXONICALLY FILED A P P E A R A N C E S : Attorneys for Plaintiff TouchTunes Music Corp. KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022-3589 By: James S. Blank, Esq. Joseph S. Presta, Esq. NIXON & VANDERHYE, P.C. 901 North Gelbe Road, Suite 1100 Artlington, VA 22203 By: Joseph S. Presta, Esq. Jonathon T. Reavill, Esq. Attorneys for Defendant Arachnid, Inc. MCANDREWS, HELD & MALLOY 500 West Madison Street Chicago, IL 60661 By: James P. Murphy, Esq. Paul W. McAndrews, Esq. Sweet, D . J . Defendant and Counterclaimant Arachnid, Inc. ("Arachnid") has moved pursuant to Rule 15(a) of the Federal Rules of Civil Procedure for leave to file a First Amended Answer and Counterclaim containing an additional counterclaim of patent infringement against Plaintiff Touchtunes Music Corporation ("Touchtunes") for infringement of Arachnid's U.S. Patent Number 6,191,780 (the "780 patent"). Upon the facts and conclusions set forth below, the motion is granted. Prior Proceedings This action originated as a declaratory judgment patent infringement action filed by Touchtunes on December 20, 2007. Touchtunes originally asserted that Defendants Rowe International Corp. ("Rowe"), AM1 Entertainment, Inc., and Merit Industries, Inc. (collectively, the "Rowe Defendants"), infringed several of Touchtunes' U.S. Patents. Touchtunes also sought a declaratory judgment of noninfringement and invalidity of six patents, including the '780 patent, owned by Arachnid (the "Arachnid patentsin-suit"). In its Answer and Counterclaims, filed on

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