Futurewei filed their answer to IDCC's amended complaint. On 1/12/12 the following were included as the Futurewei Affirmative Defenses. They listed everything they could think of, ala please almighty answer my prayer.
INVALIDITY-NON INFRINGEMENT-LACK OF DOMESTIC INDUSTRY-FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED-ESTOPPEL-UNEFORCEABILITY-PROSECUTION LACHES-LACK OF UNFAIR ACT-PATENT MISUSE-EXPRESS OR IMPLIED LICENSE-UNCLEAN HANDS-BREACH OF CONTRACT-EQUITABLE AND PROMISSORY ESSTOPPEL and FINALLY WAIVER.
My favorite is the unclean hands and breach of contract they accuse IDCC of. What about blatant infringement that we accuse them of.