By: Mark R. Malek As has often been the case with some of my articles in the past, I like to introduce little practice tips as something interesting happens in my day to day life of prosecuting patent applications here at Widerman & Malek. I recently received a call from an Examiner on a case […]
Widerman Malek Law Blog
Pleading Inequitable Conduct
By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The court in Exergen Corp. v. Wal-Mart Stores, Inc., […]
