Thursday, January 8, 2015

“Nearly Incomprehensible” Pleading Insufficient to State Inequitable Conduct Claim

The court granted plaintiffs' motion to dismiss defendants' inequitable conduct claims. "[Defendants'] recitation of facts makes for impenetrable reading. The allegations of inequitable conduct are about two and one-half times the length of a principal opening brief in the courts of appeals [14,000 words]. It does not appear that there was any effort made to tell a comprehensible story. [Defendants'] attorneys, apparently aware that the inequitable conduct allegations are nearly incomprehensible, try to rehabilitate the pleading with a mixture of underlining and the use of bold, italic, and bold italic fonts. It is as if [defendant] has dumped a pile of garbage in front of me, saying that there is a golden ring in the garbage, while directing my attention to various flashing colored lights, the point of which is unexplained."

Unimed Pharmaceuticals LLC et al v. Perrigo Company et al, 1-13-cv-00236 (DED January 6, 2015, Order) (Andrews, J.)

No comments: