Chicago, IL -- McAndrews, Held & Malloy announced today that the U.S. District Court for the Southern District of Indiana has ruled in favor of CSP Technologies, Inc. in relation to a claim of inequitable conduct brought by Sud-Chemie AG, Sud-Chemie, Inc. and Air Sec S.A.S. This claim was part of an ongoing lawsuit filed by CSP Technologies against Sud- Chemie for infringement of Patent No. 7,537,137, which relates to a resealable moisture-tight container assembly for strips having a snap seal on the lip of the packaging.
On May 2, 2012, United States Magistrate Judge William G. Hussmann, Jr. denied Sud-Chemie’s motion for leave to file a second amended and unified answer, affirmative defenses and counterclaims to assert additional allegations in support of its counterclaim of unenforceability of the asserted patent because of inequitable conduct. CSP Technologies objected to this motion on the grounds that the amendment should be denied as futile.
“Alleged infringers frequently resort to charging a patent owner or the inventor or their lawyer with some sort of alleged wrongdoing in obtaining the patent,” said George P. McAndrews, a founding partner at McAndrews. “The Courts have realized that the charge of wrongdoing, either against the owner, inventor or lawyer, is frequently nothing more than an ill-advised attempt to muddy the waters, complicate discovery issues and raise costs. Consequently, the Courts have commenced requiring an accused infringer, at the pleading stage, to rationally and substantively support the allegations of inequitable conduct with credible, detailed information specifying the exact wrongdoing charged. Judge Hussmann rightfully applied the established rule of law to the unsupported allegations of inequitable conduct in this case.”
George P. McAndrews, James R. Nuttall and multiple other McAndrews attorneys represented CSP Technologies.
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Founded in 1988, McAndrews, Held & Malloy is one of the nation’s preeminent legal resources on intellectual property, antitrust and technology matters, serving institutions ranging from major multinationals and start-ups to world-class colleges and universities. The firm’s technically trained attorneys have built an unparalleled record of litigation successes in jury trials, bench trials and ADR proceedings. In addition, McAndrews offers its clients services in the following areas: patent and trademark procurement and portfolio management, patent interferences, trademark oppositions and cancellations, international practice, intellectual property/technology opinions and investigations, due diligence and M&A support, technology licensing and joint ventures, and technology transfers and donations. Additional information can be found at www.mcandrews-ip.com