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