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ARTICLE · 14 DECEMBER 2022

Inequitable Conduct Claim Can Progress Even After The Case Is Complete

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Parallax Grp. Int'l, LLC v. Incstores LLC, No. 8-16-cv-00929, 2022 U.S. Dist. LEXIS 157921 (C.D. Cal., August 16, 2022), the district court judge granted-in-part Parallax's Motion to Dismiss...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Paul W. Browning
Paul W. Browning
Amanda Murphy
Amanda Murphy
Stacy Lewis
Stacy Lewis
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Holding

In Parallax Grp. Int'l, LLC v. Incstores LLC, No. 8-16-cv-00929, 2022 U.S. Dist. LEXIS 157921 (C.D. Cal., August 16, 2022), the district court judge granted-in-part Parallax's Motion to Dismiss All Claims and Counterclaims and for Entry of Final Judgment but denied the motion with respect to the inequitable conduct counterclaims, allowing that issue to go forward in the context of an anticipated fees motion.

Background

Parallax sued Incstores for infringement of U.S. Patent Nos. 9,289,085 ("the '085 Patent"), D532,238 ("the D238 Patent"), and D543,764 ("the D764 Patent"), which relate to interlocking foam floor mats. Defendant Incstores filed counterclaims for noninfringement, invalidity, unenforceability based on inequitable conduct (the "inequitable conduct counterclaims"), and an exceptional case finding under 35 U.S.C. § 285 for an award of reasonable attorney's fees. Parallax, at *1-2.

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