counterclaim


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counterclaim

Etymology: L, contra, against, clamere, to cry out
(in law) a claim made by a defendant establishing a cause for action in his or her favor against a plaintiff. The purpose of a counterclaim is to oppose or detract from a plaintiff's claim or complaint.
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AT&T attempted to remove the case to federal court, but the 4th Circuit affirmed 2-to-1 the district court's decision that counterclaim class action defendants can't remove cases--even if, like AT&T, they weren't originally a direct party in the case.
SCO has asked the court to "bifurcate" the case against IBM, separating the four patent counterclaims, which it said are unrelated to the crux of the case: its claim that IBM breached licensing and sublicensing agreements with SCO by donating code to Linux.
The counterclaim does not deny the facts in our complaints," said attorney Barry Slotnick, whose firm represents Platform in the case.
The Appellate Division agreed with Justice Colabella that Duval's counterclaim should be dismissed.
claimed Nie and Hull concealed the License Agreement from the company and others; however, the counterclaim points out that the company has maintained the License Agreement in its files at all times since 1976, and that, in connection with their application to register the SPSS trademark in 1976, Nie and Hull delivered a copy of the License Agreement to the USPTO, where it has remained part of the public record at all times since.
On January 29, the Court dismissed Roche's tortious interference counterclaim and disallowed Roche's request for injunctive relief.
TRC filed its Answer and Counterclaim in the action, stating that the '337 patent is valid and asserting its infringement counterclaim against Shanghai ELE.
Nasdaq: MOYC), to proceed with a patent infringement counterclaim against Dentsply International, Inc.
REBNY Lease form [paragraph] 26 states that: "It is further mutually agreed that in the event Owner commences any summary proceeding for possession of the premises, Tenant will not interpose any counterclaim of whatever nature or description in any such proceeding.
The Court dismissed the counterclaims without prejudice to Solucorp's right to later file a counterclaim that does not seek "specific monetary amounts of unliquidated money damages.
In any such counterclaim the defendants may seek damages or other remedies that, if recovered or awarded, would have a material adverse effect on our business, financial condition and operating results.