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Expert Analysis

Inequitable Conduct Pleadings, Post-Exergen

Law360 ( August 18, 2010, 7:43 PM EDT) -- It has been a year since the U.S. Court of Appeals for the Federal Circuit penned its opinion setting forth the extensive pleading requirements for alleging inequitable conduct in Exergen Corp. v. Wal-Mart Stores Inc., 575 F.3d 1312 (Fed. Cir. 2009). Challenges to inequitable conduct pleadings are now abundant and district courts have been forced to grapple with the issue of what exactly a defendant needs to allege to satisfy the Exergen standard. While district courts have not universally agreed, their opinions are providing insights for litigations for how to establish (or challenge) the sufficiency of inequitable conduct pleadings....

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