Defendants fail to prove unenforceability on remand
Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 98-197- SLR, August 10, 2009.
Robinson, J. Defendants failed to prove by clear and convincing evidence that the patents-in-suit are unenforceable.
Court reconsiders prior decision after matter is remanded and concludes that defendants have not proven by clear and convincing evidence that the patents-in-suit are unenforceable by reason of inequitable conduct. Upon further reflection, the Court concludes that the evidence of record that tends to support a finding of deceptive intent is not more compelling than the evidence cited in support of not finding inequitable conduct.
