Joint Appendix (Part 1)

Case 2:10-cv-02225-VBF -JC Document 74 Filed 04/07/11 Page 7 of 9 Page ID #:13201234567891011121314151617181920212223242526272839. Some or all of the claims asserted by Plaintiff are barred by the doctrine ofunclean hands.TENTH AFFIRMATIVE DEFENSE(False Marking)40. Some or all of the claims asserted by Plaintiff are barred by the doctrine ofunclean hands.ELEVENTH AFFIRMATIVE DEFENSE(False Marking)41. Some or all of the claims asserted by Plaintiff are barred for failure tocomply with the marking requirements of 35 U.S.C. §287.TWELFTH AFFIRMATIVE DEFENSE(Good Faith)42. Defendants acted reasonably and in good faith at all times material herein,based on all relevant facts and circumstances known by Defendants at the time it acted.Accordingly, Plaintiff is barred from any recovery in this action.THIRTEENTH AFFIRMATIVE DEFENSE(No Damages)43. Plaintiff has not been damaged in any way or amount, and therefore therelief requested in the Complaint cannot be granted.FOURTEENTH AFFIRMATIVE DEFENSE(Failure to Mitigate)44. Plaintiff has failed to mitigate and its damages and its recovery, if any,should be reduced by the amount of its failure to mitigate its damages.FIFTEENTH AFFIRMATIVE DEFENSE(Other Affirmative Defenses Based on Later Discovery Evidence)45. Defendants presently have insufficient knowledge or information uponwhich to form a belief as to whether it may have additional, as yet unstated, affirmativedefense available. Defendants reserve the right to assert additional affirmative defenses- 6 -ANSWER OF MIKE’S NOVELTIES, INC. AND MANISCH CHANDER CASE NO. CV10-02225-VBJ (JCx)-A180-