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Inequitable Conduct

ALJ Rogers Grants Motion to Strike Inequitable Conduct Defense In Certain Bulk Welding Wire Containers (337-TA-686)

By Eric Schweibenz
|
Dec
10
On December 7, 2009, ALJ Robert K. Rogers, Jr. issued Order No. 21 in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).  In the Order, ALJ Rogers granted-in-part and denied-in-part a motion filed by Complainants The Lincoln Electric Company and Lincoln Global, Inc. (collectively, “Lincoln”) to strike the Seventh Affirmative Defense of Respondent Sidergas SpA (“Sidergas”).

In support of its motion, Lincoln argued that the inequitable conduct defense set forth in Sidergas’ response to Lincoln’s complaint was inadequate under the Federal Circuit’s recent decision in Exergen Corp. v. Wal-Mart Stores, Inc., 575 F.3d 1312 (Fed. Cir. 2009), because Sidergas “fail[ed] to include sufficient detail to meet the heightened pleading standard of Fed. R. Civ. P. 9(b).”  In opposition, Sidergas argued that its inequitable conduct pleading satisfied the standard in Exergen and that Lincoln’s motion should be denied because it sought to strike other claims that were raised simultaneously with Sidergas’ inequitable conduct claim, including patent misuse, fraud on the U.S. Patent and Trademark Office, and infectious unenforceability.  Alternatively, Sidergas argued that if its pleading was deficient it should be afforded the opportunity to add sufficient detail.  The Commission Investigative Staff opposed Lincoln’s motion stating that Lincoln failed to demonstrate that Sidergas’ inequitable conduct defense did not comply with Commission Rule 210.13(b), and that Sidergas should be given the opportunity to amend its pleading to satisfy any alleged deficiencies.
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ALJ Rogers Grants Motion To Strike Inequitable Conduct Defense In Certain Digital Models, Digital Data, and Treatment Plans For Use In Making Incremental Dental Positioning Adjustment Appliances (337-TA-833)

By Eric Schweibenz
|
Jan
25
On January 22, 2013, ALJ Robert K. Rogers, Jr. issued the public version of Order No. 17 (dated January 2, 2013) granting Complainant Align Technology, Inc.’s (“Align”) motion to strike the inequitable conduct defense put forth by Respondents ClearCorrect Operating, LLC and ClearCorrect Pakistan Private, Ltd. (collectively, “ClearCorrect”) in Certain Digital Models, Digital Data, and Treatment Plans for use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same (Inv. No. 337-TA-833).

By way of background, the investigation is based on a complaint filed by Align alleging violation of Section 337 in the importation into the U.S. and sale of certain digital models, digital data, or treatment plans for use in making incremental dental positioning adjustment appliances that infringe one or more claims of U.S. Patent Nos. 6,217,325, 6,705,863, 6,626,666, 8,070,487, 6,471,511, 6,722,880, and 7,134,874.  See our April 6, 2012 post for more details on this investigation.
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The opinions, commentary and characterizations provided to this online forum by the authors and moderators are provided for encouraging discussion, thought and debate on important ITC issues. These postings are in no way representative of the opinions of the Oblon firm, or its clients, but rather the personal views of the individual authors.