Wastequip Mfg. Co., LLC v. Precision Sewing, Inc., No. 13 C 8726, Slip Op. (N.D. Ill. Feb. 13, 2014) (Shadur, Sen. J.).
Judge Shadur sua sponte struck certain paragraphs of defendant’s answer and affirmative defenses for straying from the “yellow brick road” set by the Federal Rules in this patent case.
The Court struck answers that were not responded to based upon a lack of information and belief. The Court also struck improper affirmative defenses. The Court did not strike defendant’s invalidity affirmative defense because defendant did not have to clearly deny validity in its answer. Therefore, an invalidity affirmative defense was proper, although the Court usually strikes them. But the Court struck other defenses that were directly contradictory to plaintiff’s allegations.