Defendants abandoned their inequitable conduct counterclaim
Laboratory Skin Care, Inc. v. Limited Brands, Inc., et al., Civil Action No. 06-601-LPS, January 3, 2012.
Stark, J. Form of final judgment will be entered by a separate document and bill of costs stricken without prejudice.
The parties in this patent case disputed the form of final judgment. The Court adopted the defendants’ proposed language with respect to the jury’s verdict of infringement and non-infringement and the plaintiffs’ with respect to invalidity due to anticipation and obviousness. The Court found in granting plaintiffs’ motion to strike defendants’ bill of costs that defendants had abandoned their inequitable conduct counterclaim. Statement by the defendants in opposition to the motion inter alia support the Court’s finding.
