Inequitable Conduct Defense Dismissed Where Defendants Did Not Even Purport To Identify An Allegedly Fraudulent Document Submitted To The PTO

Inequitable Conduct Defense Dismissed Where Defendants Did Not Even Purport To Identify An Allegedly Fraudulent Document Submitted To The PTO

Zep Solar Inc. ("Zep") filed a patent infringement action against several defendants. Two of the defendants, Lightway Green new Energy Company, LTD ("Lightway") and Brightway Global LLC ("Brightway") answered and counterclaimed with an allegation of inequitable conduct. Zep moved to strike or dismiss the counterclaim and affirmative defense.

As the district court stated, "[i]n the fourth affirmative defense, Brightway and Lightway allege that '[t]he Complaint and the purported claim for relief therein is barred because the '537 Patent, and each claim thereof...