Inequitable conduct defense withstands motion to dismiss

Elan Corporation, PLC et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 07-552-SLR, March 7, 2008.

Robinson, J.  Court denies plaintiffs’ motion to dismiss counterclaims and affirmative defenses relating to claims of inequitable conduct with leave to renew at a later date.

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Licensee lacked standing where patentee, not a party, retained rights to sue

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, C.A. No. 07-190-SLR, March 7, 2008.

Robinson, J.  Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.

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