Apple Can't Add Defense In ITC Action: Spansion

Law360, New York (October 19, 2009, 5:43 PM EDT) -- Bankrupt flash memory provider Spansion Inc. has fired back at Apple Inc., saying it is attempting to sidestep a bankruptcy court's order and add the affirmative defense of express license against Spansion's patent infringement complaint before the U.S. International Trade Commission.

In an opposition filed Friday in the ITC, Spansion argued that Apple's motion to amend its response to the complaint and notice of investigation, adding an affirmative defense of express license, is an attempt to contravene a bankruptcy court order terminating the agreement in question....
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