The court granted plaintiff's motion to dismiss defendant's inequitable conduct counterclaim for failure to plead with particularity. "Counterclaim I fails to specifically identify who knowingly and purposefully withheld the allegedly material information regarding the prior art. Instead, [defendant] alleges that the inequitable conduct was committed by [plaintiff] generally. . . . This factual deficiency is 'fatal under Rule 9(b).'"
minSURG International, Inc. v. Nuvasive, Inc., et. al., 8-10-cv-01589 (FLMD April 7, 2011, Order) (Covington, J.)
Plaintiff's motion to dismiss defendant's inequitable conduct counterclaim for failure to plead with particularity was granted. "Counterclaim V fails to specifically identify who knowingly and purposefully withheld the fact that the specification constituted new matter. This factual deficiency is 'fatal under Rule 9(b).'"
minSURG International, Inc. v. Nuvasive, Inc., et. al., 8-10-cv-01589 (FLMD April 7, 2011, Order) (Covington, J.)
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