Following two unsuccessful motions to dismiss the copyright infringement lawsuit against them, Axanar Productions and producer Alec Peters on May 23, 2016, filed a formal Answer to the legal complaint filed against them by CBS and Paramount Pictures.

The Answer included a counterclaim by the defendants, seeking further relief for harm caused to Axanar by the plaintiff’s lawsuit.

The Answer was filed just three days after Star Trek producer J.J. Abrams and Star Trek Beyond director Justin Lin announced at a fan event in Los Angeles that they had interceded with the plaintiffs on Axanar’s behalf, and the lawsuit was “going away within the next few weeks.”

The May 20 statement was widely construed by the media as CBS and Paramount dropping or withdrawing the suit, although a followup statement by Paramount clarified the two sides were negotiating a settlement.

Had the studios planned on withdrawing their suit, that possibility was foreclosed on May 23 by the Answer’s including a counterclaim by the defendants against the studios, asking for additional relief, which may include monetary damages based on harm inflicted on the defendants by the suit.

By asserting their own claims against the plaintiffs, the defendants now “put the plaintiffs into a defensive posture regarding these counterclaims, and the defendant acts in an offensive posture. Thus, for example, the defendant bears the burden of proof on counterclaims.”¹⁾

Under the Federal Rules of Civil Procedure, the plaintiffs must defend against the counterclaims according to a timeline set by the court; the defendants’ move had the effect of preventing the plaintiffs from simply withdrawing the suit.

A prepared statement on behalf of Axanar Productions stated the defendants had to proceed with filing their Answer, including the counterclaims, irrespective of Abrams’ and Lin’s May 20 announcement in support of the film:

This filing was necessary because, despite J.J. Abrams’ assurance that the lawsuit would be “going away,” and confirmation that CBS is in settlement talks and finally working on fan film guidelines, Paramount and CBS have not yet dismissed the lawsuit. Axanar Productions must therefore meet deadlines set by the court and proceed as if the lawsuit will continue until the situation is resolved.²⁾

Ironically, if the defendants had wanted the plaintiffs to simply withdraw the suit, the counterclaim made it impossible for them to do so.

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