Spencer Pharmaceutical (SPPH)

[scion]

133. Defendants are not subject to the jurisdiction of this Court due to Plaintiff’s failure to effect proper service on the same as required under federal and international law.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

134. The injuries and damages alleged to have been suffered by the persons listed by Plaintiff in its discovery production were caused in whole or in part by the conduct of persons or entities other than Defendant Amyot. Therefore the SEC’s claims are barred or diminished in the proportion that such culpable conduct of other persons or entities bear to the total culpable conduct causing damages.


AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

135. The information upon which the SEC relies in the Complaint was derived from information improperly taken from Amyot by the Quebec authorities. The taking was part of an impermissible search and seizure. Thus, the SEC’s information is based on “fruit of the poisonous tree.”


WHEREFORE, Defendant Amyot demands judgment dismissing the Plaintiff’s Complaint and such other and further relief as the Court deems just and proper. A jury trial is demanded.

Dated: New York, New York
September 6, 2013