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NEW YORK UNIVERSITY v. AUTODESK INC.

No. 06 Civ. 5274(JSR).

466 F.Supp.2d 563 (2006)

NEW YORK UNIVERSITY, Plaintiff, v. AUTODESK, INC., Defendant.

United States District Court, S.D. New York.

December 27, 2006.

Attorney(s) appearing for the Case

Ada Meloy, New York University, Gary Abelev, Paul Douglas Ackerman, Dorsey & Whitney LLP, New York City, for Plaintiff.

Joel Mark Freed, McDermott, Will — & Emery, L.L.P., Washington, DC, Lisa Marie Ferri, McDermott, Will & Emery, LLP, New York City, for. Defendant.

MEMORANDUM

RAKOFF, District Judge.

By Order dated December 4, 2006, the Court denied the motion of plaintiff New York University to dismiss defendant Autodesk, Inc.'s affirmative defense and counterclaim premised on abandonment. This Memorandum briefly states the reasons for that ruling.

Since plaintiffs motion is made pursuant to Rule 12(b)(6), the Court takes as true for purposes of this motion the allegations of defendant's Answer and Counterclaim...

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