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Oct 5, 2017

Federal Judge Grants Motion Striking Inequitable Conduct Defense

Judge Grants Motion Striking Inequitable Conduct Defense

In a battle between medical device makers, Nevro Corp. v. Boston Scientific Corp., 16cv6830-VC (N.D.Ca.), Plaintiff Nevro moved to strike Boston Scientific’s affirmative defense of Inequitable Conduct.  The defense was based on an allegation that Nevro failed to inform the patent examiner that he had an incorrect understanding of the prior art.  In its motion, Nevro argued that no such duty exists, but at the hearing on the motion, Judge Chhabria called that argument “sleazy.”  Patent prosecutors had reason to be alarmed since it appeared the judge was taking the position that the duty of disclosure included not only the… Read more