Plaintiff's motion to dismiss defendant's inequitable conduct defense for failure to state a claim was denied. "The allegation that [plaintiff's patent attorney] knew of highly material information that he failed to disclose to the PTO is sufficient to support a reasonable inference of intent to deceive. Additionally, [defendant] alleges that [plaintiff's patent attorney] made several arguments concerning patentability that he could not have made had he disclosed the prior art and prosecutions. These allegations are also sufficient to support a reasonable inference of intent to deceive the PTO."
Innovative Biometric Technology, LLC v. Lenovo (United States), Inc. et al., 9-09-cv-81046 (FLSD October 12, 2010, Order) (Ryskamp, J.)
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