Antitrust Counterclaim V. Xerox Tossed In Patent Suit

Law360, New York (March 31, 2009, 12:00 AM EDT) -- A federal judge has thrown out an antitrust counterclaim brought by Media Sciences Inc. against Xerox Corp., saying arbitration is the exclusive remedy for that dispute. Meanwhile, Xerox's claims that Media Sciences infringed four ink stick patents, as well as invalidity counterclaims, will continue in court.

In granting Xerox's motion for partial summary judgment, Judge Richard J. Holwell of the U.S. District Court for the Southern District of New York found that a previous settlement between the parties, reached in May 2001, precluded Media Sciences from...
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