After Defendants EVE-USA, Inc. and Emulation and Verification Engineering, S.A. (EVE) filed a motion to dismiss, Mentor Graphics Corporation moved to file a first amended complaint. After the district court granted Mentor Graphic's motion, Mentor Graphics filed its first amended complaint [PDF] to enhance its personal jurisdiction allegations. EVE withdrew its motion to dismiss shortly after the district court granted Mentor Graphic's motion to treat the first amended complaint as the substantive pleading in the case.
Then, EVE sumbitted its answer and affirmative defenses [PDF]. In addition to the expected denials of Mentor Graphic's patent infringement allegations, EVE included an affirmative defense that Mentor Graphic's U.S. Patent No. 6,876,962 is invalid because it does not satisfy the patentability conditions of 35 U.S.C. §§ 101, et seq. It will be interesting to see if EVE mounts a defense based on 35 U.S.C. § 101 (patentable subject matter), or relies on other statutory sections such as lack of novelty or obviousness (35 U.S.C. §§ 102 and 103).