Intellectual Ventures I LLC et al v. Capital One Financial Corporation et al, No. 1:2013cv00740 - Document 161 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 12/18/13. (klau, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division INTELLECTUAL VENTURES I LLC, et al., Plaintiffs, Civil Action No. 1:13-cv-00740 (AJT/TRJ) v. CAPITAL ONE FINANCIAL CORPORATION, etal, Defendants. MEMORANDUM OPINION On June 19,2013, Intellectual Ventures I, LLC and Intellectual Ventures II, LLC (collectively, "Intellectual Ventures") filed suit against Capital One Financial Corporation, Capital One Bank (USA), National Association and Capital One, National Association (collectively, "Capital One") allegingpatent infringement. In response to plaintiffs' complaint, Capital One filed its Answer and First Amended Counterclaims [Doc. No. 88], in which it asserted a defense alleging "patent misuse" (the "Eighth Defense") based on the antitrust laws and also added as counterclaim defendants a group of entities affiliated with Intellectual Ventures (collectively, with Intellectual Ventures, referred to as "IV"). Counts 11, 12 and 13 of the Amended Counterclaims assert antitrust claims under Section 2 of the Sherman Antitrust Act and Section 7 of the Clayton Act. IV has filed a Motion to Strike or Dismiss Amended Antitrust Counterclaims 11,12, and 13 and Eighth Affirmative Patent Misuse Defense (the "Motion to Dismiss") [Doc. No. 104] and also an alternative Motion for Separate Trial on Antitrust and Patent Misuse Issues and to Stay 1
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