`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`EASTERN DISTRICT OF VIRGINIA
`
`Alexandria Division
`
`RAI STRATEGIC HOLDINGS, INC.
`
`Plaintiffs
`
`V.
`
`CIVIL ACTION l:20cv393
`
`ALTRIA CLIENT SERVICES, LLC
`
`Defendant.
`
`ORDER
`
`Before the Court is Plaintiffs Motion to Dismiss Defendants' Unclean Hands and
`
`Inequitable Conduct Counterclaims and Corresponding Affirmative Defenses (Dkt. 269). The
`
`Defendants have filed a response and the Plaintiffs filed a Reply . The Court dispensed with oral
`
`argument.
`
`Plaintiffs' Motion to Dismiss pursuant to F.R.C.P. 12(b)(6) comes after the Honorable
`
`Theresa Carroll Buchanan permitted Defendants to file an amended pleading adding counterclaims
`
`including inequitable conduct and unclean hands pursuant to F.R.C.P. 15(a). Judge Buchanan ruled
`
`that the amendment was not futile upon review of the proposed amendment and the pleadings of the
`
`parties. Plaintiffs did not appeal that ruling and instead now choose to address the merits of the
`
`defenses/counterclaims in the Motion to Dismiss. The Court has carefully reviewed the arguments
`
`of the parties and finds that making dispositive rulings pursuant to Rule 12 (b)(6) is premature. The
`
`Court does find that the pleadings satisfy the 12 (b)(6) standards. Whether the Ruyan e-Cigar prior
`
`art or whether the several other elements of inequitable conduct or unclean hands, including
`
`
`
`Case 1:20-cv-00393-LMB-WEF Document 361 Filed 11/24/20 Page 2 of 2 PageID# 7135
`Case 1:20-cv-00393-LMB-WEF Document 361 Filed 11/24/20 Page 2 of 2 PagelD# 7135
`
`materiality, cumulativeness, specific knowledgeand intent to deceive, on sale, etc., has been met
`
`must be addressed after the record is complete. Plaintiffs may move for Summary Judgment on
`Defendants’ counterclaims/affirmative defensesafter discoveryis complete ifthere are no material
`
`issues of fact in dispute pursuant to F.R.C.P. 56. Plaintiffs Motion to Dismiss the Defendants’
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`counterclaims/affirmative defenses pursuant to F.R.C.P. 12(b)(6) is denied withoutprejudice.
`
`It is so ORDERED.
`
`L9»
`Liam O’ Grady
`United States District Judge
`
`Alexandria Virginia
`November24, 2020
`
`
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