Unless Evidence “Requires a Finding of Deceptive Intent,” Summary Judgment of No Inequitable Conduct is Appropriate

The court granted plaintiff's motion for summary judgment that its suture patents were not obtained through inequitable conduct. "As in other cases, the parties here dispute how [Therasense, Inc. v. Becton Dickinson and Co., 649 F.3d 1276 (Fed. Cir. 2011)] should be applied to summary judgment motions of inequitable conduct. Plaintiff argues summary judgment is appropriate unless the evidence requires a finding of deceptive intent, while Defendant asserts summary judgment is inappropriate if the evidence would allow the jury to draw two reasonable inferences, one of which being an inference of deceptive intent. This Court agrees with Plaintiff’s interpretation of Therasense: That summary judgment is appropriate unless the evidence requires a finding of deceptive intent."

KFX Medical Corporation v. Arthrex Incorporated, 3-11-cv-01698 (CASD July 10, 2013, Order) (Sabraw, J.).