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Wednesday, July 20, 2022 12:49:30 PM
Auctus is extraordinarily experienced, more prepared and way more financially capable in this dispute. @PCTL_ filings are riddled with errors and the Auctus responses are definitely solid and sound.
AFFIRMATIVE DEFENSES
1. The Court lacks subject matter jurisdiction over PCT's claims.
2. The Complaint fails to state a claim upon which relief may be granted.
3. PCT has waived its claims related to the Warrant.
4. PCT is estopped from asserting its claims related to the Warrant.
5. PCT is seeking to recover lost profits or damages that are completely speculative in nature.
6. PCT has failed to state with particularity the circumstances constituting fraud as required by Federal Rule of Civil Procedure 9(b).
7. Auctus is discharged of all liability because it has fully performed and discharged all of its duties under the Settlement Agreement, including but not limited to, providing PCT with an executed copy of the Mutual Release.
8. Auctus acted in good faith by exercising its rights under the Warrant, based on the fact that the Warrant was not explicitly released by the Settlement Agreement or Mutual Release, and the release of the Warrant was never discussed at any point during the settlement negotiations.
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