Defendants' request to reconsider enforceability judgment is denied

Cordis Corporation v. Boston Scientific Corporations, et al., Civ. No.98-197-SLR, March 31, 2010.

Robinson, J.  Defendants' motion to withdraw or amend the enforceability judgment is denied.

Defendants move for reconsideration of the judgment that the patents-in-suit are enforceable.  Following remand for additional findings of fact relating to inequitable conduct, the Court concluded that the record did not support a finding of deceptive intent and that defendants had failed to prove, by clear and convincing evidence, that the non-disclosure of certain information to the PTO during the prosecution of the '312 patent tainted the ‘370 prosecution.  Defendant’s request to reconsider that ruling is denied.

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