Rembrandt v. CIBA, 2:05cv491 (CE) (Sept. 26, 2008)
Judge: Chad Everingham
Holding: Inequitable conduct defense rejected
The jury in Judge Everingham's court in Marshall returned a verdict in this case for the plaintiff earlier this year. After sending out five notes, the jury returned a verdict for the plaintiff on infringement, but for the defendant on the issue of willfulness. The jury also found that the defendant had failed to prove by clear and convincing evidence that the patents were invalid either for indefiniteness or because they were not enabled. Damages were $41,083, 853.
The court later conducted a bench trial on the issue of inequitable conduct, and last Friday issued its findings rejected the defense under the facts of this case.