Opinion
Civil Action 22-135
04-24-2023
PARKER-HANNIFIN CORP, and PARKER INTANGIBLES, LLC, Plaintiffs, v. TESTO, INC., a/k/a TESTO NORTH AMERICA and TESTO SE & Co. KGaA, Defendants.
ORDER
Berle M. Schiller, J.
AND NOW, this 24th day of April 2023, upon consideration of Plaintiffs' motion to dismiss Defendants' counterclaims (ECF 16) and Defendants' response (ECF 17), it is ORDERED that:
1. Plaintiffs' motion is GRANTED with respect to Defendants' first counterclaim seeking a declaratory judgment for non-infringement, which is DISMISSED without prejudice. Defendants may amend their non-infringement counterclaim on or before Monday, May, 15, 2023; and
2. Plaintiffs' motion is DENIED with respect to Defendants' second counterclaim seeking a declaratory judgment based on patent invalidity.