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.
07 Apr '16