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.)