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ARTICLE · 27 FEBRUARY 2025

D. Mass. Patent Litigation Update: January 2025

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In Mobile Pixels, Inc, v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 23-cv-12587, Judge Burroughs granted Plaintiff's motion to strike an affirmative defense of inequitable conduct.

United StatesIntellectual Property
Matthew C. Berntsen
Matthew C. Berntsen
Maddie Herman
Maddie Herman
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In Mobile Pixels, Inc, v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 23-cv-12587, Judge Burroughs granted Plaintiff's motion to strike an affirmative defense of inequitable conduct and to dismiss an invalidity counterclaim.

Of note, the Court began its discussion of the procedural history by noting that it "would typically begin by drawing background facts from the Counterclaim Complaint. Counterclaim Plaintiffs, however, offer almost no factual allegations to support their counterclaims . . . ."

The Court granted Plaintiff's motion to strike Counterclaim Plaintiffs' inequitable conduct defense. The Court observed that allegations of inequitable conduct must satisfy the requirements for alleging fraud and, after quoting the full six-line allegation in full, found that it fails to identify the particularized factual basis for the allegation and thus should be stricken.

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