Friday, February 20, 2009

Significant Delay in Asserting Inequitable Conduct Justified Due to FRCP 9(b) Particularity Requirement

Defendant was permitted to amend its answer to include a claim for inequitable conduct. "Although [plaintiff] maintains that [defendant] possessed the documents which form the basis of its inequitable conduct pleadings for more than a year, in light of the 'pleading with particularity requirement of Rule 9(b),' it was appropriate for [defendant] to confirm the factual allegations through discovery."

Cordance Corp. v. Inc., 1-06-cv-00491 (DED February 18, 2009, Memorandum & Order)

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