Judge Dalton Strikes Healthe’s Confounding Counter-Counterclaims in Sterilray Litigation

The Honorable Roy B. Dalton, Jr., overseeing litigation Healthe, Inc. v. High Energy Ozone LLC d/b/a/ Far-UV Sterilray, S. Edward Neister, and Pathogen Path Consulting LLC, Case No. 6:20-cv-02233-RBD-EJK (M.D. Fla.), reviewed and considered: Healthe’s Complaint alleging unfair trade practices and seeking a declaration it isn’t infringing on HEO3’s patents; HEO3’s Motion to Dismiss asserting Healthe has infringed on HEO3’s 222nm wavelength ultraviolet light technology patent claims and continues to do so; and Healthe’s Reply raising five affirmative defenses saying it didn’t infringe on HEO3’s patents and asserting some counter-counterclaims or claims in reply. In an Order released last…