Higher Pleading Standard For Inequitable Conduct

Law360, New York (September 21, 2009, 11:14 AM EDT) -- The Federal Circuit recently articulated a high standard for pleading inequitable conduct in Exergen Corp. v. Wal-Mart Stores Inc., when it affirmed a district court’s decision denying a defendant’s motion to add an inequitable conduct defense.[1]

While it is well-settled that allegations of fraud — such as inequitable conduct — must be pled with particularity pursuant to Federal Rule of Civil Procedure 9(b), the Exergen court’s application of that law to the facts demonstrates that the level of particularity for pleading inequitable conduct is very high....
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