Court Grants Acantha’s Motion to Dismiss Inequitable Conduct Defense and Counterclaim

November 13, 2017 – The Court decided a number of motions filed by Plaintiff Acantha and Defendant DePuy Orthopaedics Inc.  The Court first granted Acantha’s motion to dismiss DePuy’s affirmative defense and counterclaim of inequitable conduct as insufficient to support that defense and counterclaim for declaratory relief as a matter of law.  The Court then denied Acantha’s motion to strike DePuy’s second amended final invalidity contentions which disclosed a new prior art reference, finding that DePuy demonstrated good cause to amend the contentions and was diligent in doing so.  The Court also granted-in-part and denied-in-part DePuy’s motion to limit the claims asserted by Acantha, limiting Acantha to ten representative claims.  Finally, the Court granted DePuy’s motion to compel documents and testimony regarding conception and diligence in reduction to practice, and directed Acantha to produce the documents sought in DePuy’s motion to compel within ten days and to provide a witness for a deposition lasting no more than four hours.  The patent-at-issue is RE43,008 titled “Orthopedic implant assembly.”  The case is 15-C-1257 before the United States District Court for the District of Wisconsin.

By: Katherine E. Adams

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