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RFC Express - New IP Lawsuits

Pleading Inequitable Conduct: Be Particular About the Who, What, Where, Why, and How

By Arthur Gollwitzer, III and Angela J. Kujak of Michael Best & Friedrich LLP

Angela Kujak Arthur Gollwitzer

Arthur Gollwitzer is a partner in the Intellectual Property Litigation Practice Group. Mr. Gollwitzer also is a member of the firm's white collar criminal defense and corporate investigations group. Mr. Gollwitzer combines trial and appellate experience gained as a federal prosecutor in the Southern District of New York with fifteen years of experience, including jury trials and appeals, handling patent, copyright, trademark, and trade secret litigation.

Angela Kujak primarily focuses her practice on complex patent litigation and related opinion matters in the life science and biotechnology areas.

Exergen Corp. v. Wal-Mart Stores, Inc., --- F.3d ----, 2009 WL 2366535 (Fed. Cir. Aug. 4, 2009)

The United States Court of Appeals for the Federal Circuit recently clarified the heightened requirements for pleading inequitable conduct under Federal Rule of Civil Procedure 9(b). In Exergen Corp. v. Wal-Mart Stores, Inc., et al., two defendants, S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc. (collectively, "SAAT"), appealed several of the district court's rulings, including the court's denial of SAAT's motion for leave to ad...

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