Samsung Loses Bid To Nix Ericsson IP Misconduct Defense

Law360, New York (May 9, 2013, 5:46 PM EDT) -- A U.S. International Trade Commission judge on Monday allowed Ericsson Inc. to argue that 4G LTE patents it is accused of infringing by Samsung Electronics Co. Ltd. are invalid for inequitable conduct, rejecting Samsung's argument that the accusation is too vague.

Administrative Law Judge E. James Gildea ruled that contrary to Samsung's assertions, inequitable conduct allegations are not subject to a heightened pleading standard. He denied Samsung's motion to strike the claims, though he noted that Ericsson may have a tough time proving them.

"While inequitable...
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