Indiana Federal Magistrate Judge Won’t Strike Inequitable Conduct Defense

Mealey's (January 22, 2019, 9:28 AM EST) -- INDIANAPOLIS — Although the Federal Circuit U.S. Court of Appeals in Exergen Corp. v. Wal-Mart Stores, Inc. “set a high bar” for pleading inequitable conduct, a plaintiff’s request that the defense be stricken from underlying patent infringement litigation would “set it even higher,” an Indiana federal magistrate judge ruled Jan. 17 (Vandor Corp. v. Matthews International Corp., No. 15-838, S.D. Ind., 2019 U.S. Dist. LEXIS 8357)....