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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Court Sua Sponte Orders Defendant to Present Affirmative Defenses and Motions

Posted in Pleading Requirements

Bernina J. Am. v. Imageline, Inc., No. 10 C 4917, Slip Op. (N.D. Ill. Nov. 18, 2010) (Shadur, Sen. J.).

Judge Shadur sua sponte issued an order regarding defendants’ answer. The Court dismissed affirmative defenses that were impermissibly inconsistent with the allegations in the Complaint. The Court also ordered defendants to present jurisdictional and Rule 12(b) defenses as motions, rather than conclusory affirmative defenses.