By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The court in Exergen Corp. v. Wal-Mart Stores, Inc., […]
Widerman Malek Law Blog
Inequitable Conduct
How do I defend allegations of patent infringement? An attorney may choose to argue that the infringed patent is invalid. However, an alternative strategy may entail a claim of inequitable conduct. A successful claim of inequitable conduct renders a patent unenforceable because the court will exercise its power of equitable discretion not to enforce the […]
