Allegations That Specific References Were Withheld Sufficient for Inequitable Conduct Claim
UTStarcom, Inc. v. Starent Networks, Corp., No. 07 C 2582 Slip Op. (N.D. Ill. Dec. 5, 2008) (Lindberg, Sen. J.).
Judge Lindberg granted in part plaintiff's motion to dismiss certain of defendant Starent's counterclaims. Starent's allegations that specific patentee withheld specific references from the Patent Office were sufficient to meet the Rule 9(b) heightened pleading standards for inequitable conduct. But the Court dismissed Starent's tortious interference counterclaim to the extent that it was based upon the filing of a law suit because Illinois prohibits tortious interference with prospective economic advantage claims based upon filing law suits. The Court also dismissed Starent's malicious prosecution counterclaim because Starent did not allege a special injury, such as arrest, seizure of property, taking or interference with property.
