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Hughey On Exergen v. Wal-Mart: Federal Circuit Articulates Heightened Pleading For Inequitable Conduct

In Exergen Corp. v. Wal-Mart Stores, Inc. (575 F.3d 1312 [Fed. Cir. 2009]) , the Federal Circuit articulated a high standard for pleading inequitable conduct when it affirmed a district court's decision denying a defendant’s motion to add an inequitable conduct defense. The Exergen court’s...