Prosecution Counsel's Knowledge of Related Litigation and Timing of Disclosure Justify Inference of Intent to Deceive at Summary Judgment

The court denied plaintiff's motion for summary judgment of no inequitable conduct in light of evidence that plaintiff failed to disclose information concerning the litigation of a related patent. "[Plaintiff's counsel] had actual knowledge of the [related litigation] as he was involved in both proceedings. The timing of events suggests that the course of action in the [patent-in-suit] prosecution was guided by the unfolding of events in the [related] litigation. The [related] litigation and [related] reissue proceedings were disclosed only after the [patent-in-suit] issued. The foregoing circumstances justify an inference of an intent to deceive at this stage."

Soitec Silicon On Insulator Technologies SA et al v. MEMC Electronic Materials Inc., 1-08-cv-00292 (DED October 13, 2010, Memorandum Opinion) (Robinson, J.)