By Memorandum Order entered by The Honorable Sue L. Robinson in Netgear, Inc. v. Ruckus Wireless, Inc., Civil Action No. 10-999-SLR (D.Del., October 2, 2013), the Court granted Defendant Ruckus Wireless, Inc.’s motion to strike paragraph 10 of plaintiff’s answer to defendant’s counterclaims because the material contained in paragraph 10 went far beyond the scope of the allegations against plaintiff by defendant and plaintiff’s alleged “admissions” contained issues of material fact over which the parties’ experts disagreed. The Court reasoned that “[t]o allow plaintiff’s answer to stand as written would cause prejudice to defendant by misrepresenting the record” and “[p]laintiff remains free to present its evidence and arguments at trial, consistent with the court’s summary judgment decision.” Id. at 5.
A complete copy of the Memorandum Order is attached.