The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health, Inc.’s (DFH) motion for summary judgment on equitable estoppel grounds.
Plaintiff Seville moved pursuant to Fed. R. Civ. P. 12(b)(6) to strike the defendants’ inequitable conduct defense and corresponding counterclaim from the defendants’ answer on the basis that the defendants did not properly plead intent to deceive the Patent Office. The court denied Seville’s motion to strike and explained that the standard for pleading inequitable conduct is different from what needs to be proven to ultimately prevail on the issue.