Judge Stark Adopts Report and Recommendation, Denies Plaintiffs’ Motion to Dismiss Inequitable Conduct Counterclaim and Affirmative Defense

Judge Stark recently issued an Order in Wyeth Holdings Corp., et al. v. Sandoz, Inc., C.A. No. 09-955-LPS-CJB, adopting an earlier Report and Recommendation of Magistrate Judge Burke, and denying plaintiffs’ motion to dismiss defendant’s inequitable conduct counterclaim and to strike defendant’s affirmative defense based on inequitable conduct. Id. at 1-2. In the Order, Judge Stark noted that neither party had filed an objection to the Report and Recommendation. Id. at 1. This ruling and the underlying Report and Recommendation are significant because they address the implications of the Fed. Cir.’s recent decisions in Therasense, 649 F.3d 1276 (Fed. Cir 2011) and Exergen, 575 F.3d 1312 (Fed. Cir. 2009), and the impact that the Therasense and Exergen decisions might have on the analysis of and pleading standard for allegations of inequitable conduct going forward.

Wyeth Holdings Corp., et al. v. Sandoz, Inc., C.A. No. 09-955-LPS-CJB

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