Monday, November 1, 2010

Courts Take Aim at Nonspecific Inequitable Conduct Pleadings

Plaintiff's motion to dismiss plaintiff's inequitable conduct counterclaim was granted and defendant was ordered to file a counterclaim that complied with the pleading requirements of FRCP 9(b). "[Defendant], inter alia, has not sufficiently identified the individuals involved or the information withheld and why it was material, nor has it alleged sufficient facts to support [plaintiff's] deceptive intent."

Teva Women's Health, Inc. v. Lupin, Ltd. et al., 2-10-cv-00080 (NJD October 27, 2010, Order) (Hochberg, J.).

Defendant's motion to dismiss plaintiff's claim of inequitable conduct for failing to plead with particularity was granted. "[Plaintiff's] pleading fails to 'identify which claims, and which limitations in those claims, the withheld references are relevant to.' [Plaintiff's] pleading also does not 'identify the particular claim limitations, or combination of claim limitations, that are supposedly absent from the information of the record,' which are 'necessary to explain both "why" the withheld information is material and not cumulative, and "how" an examiner would have used this information in assessing the patentability of the claims.'"

TiVo Inc. v. Verizon Communications, Inc., 2-09-cv-00257 (TXED October 28, 2010, Order) (Folsom, J.).

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