A federal district court in Colorado granted Brumate Inc.'s motion to dismiss Walmart Inc.'s counterclaims seeking declaratory judgments of noninfringement, invalidity, and unenforceability due to inequitable conduct, in Brumate’s action for infringement of its gasket designed to keep cans within insulated beverage containers even when held upside down. The court said that Walmart’s counterclaims consisted of legal conclusions that can’t form the basis of valid pleadings stating claims for relief.
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