No inequitable conduct found, injunction issues
Corning Incorporated, et al. v. SRU Biosystems, et al., No. 03-633-JJF, Mar. 7, 2006.
Farnan, J. No inequitable conduct found. SRU is permanently enjoined from engaging in infringing activity.
The court found the patent-in-suit was valid and literally infringed in a prior 11/15/05 opinion. After supplementing the record and supplemental briefing, the court considered whether the patent is unenforceable due to inequitable conduct, whether the case was an exceptional case, and whether a permanent injunction should issue. Allegations contained in original submissions regarding inequitable conduct of the “applicants” were too general under F.R.Civ. P. 9(b). The identity of the person to be charged with inequitable conduct must be discernable. Defendant failed to prove intent. The court need not consider whether the case is exceptional. Permanent injunction will issue.
