Court Proposes Dismissing Declaratory Judgment Counterclaims as Duplicative of Plaintiff's Patent Claims

Posted on February 8, 2010 by R. David Donoghue
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Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980, Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.).

Judge Shadur ordered the parties to be prepared to discuss at a status conference why defendants' respective noninfringement and invalidity declaratory judgment counterclaims should not be stricken as duplicative of plaintiff's patent infringement claims. 

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