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.
While acknowledging that arguments made to the PTO can form the basis for inequitable conduct, the court found plaintiffs’ motion to dismiss inappropriate at this stage of the proceedings, where defendant’s factual representations must be taken as true. However, the Court went on to bar discovery regarding the intent prong of the inequitable conduct defense absent further order of the Court.
A full copy of the opinion is available here.
