Judge Wolf denied defendants’ motion to dismiss Janssen’s counterclaim of violation of 35 U.S.C. § 271(f), finding that the counterclaim pled all of the necessary elements of such a claim. Janssen did not bring this claim in its original complaint, instead bringing it in its answer to the defendants’ counterclaim seeking a declaration of non-infringement and invalidity. Judge Wolf found the counterclaim to be of right to Janssen as a compulsory counterclaim, as opposed to an amended pleading that would require leave of court.
