Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
The part of defendants' proposed amended pleadings regarding plaintiff's nondisclosure of the prior judicial ruling on an earlier patent fails to state a claim for patent misuse or unclean hands because the earlier patent concerns a product different from that addressed by the present patent; moreover, plaintiff's alleged misconduct did not broaden the patent's physical or temporal scope; the allegations of patent misuse and unclean hands are therefore futile and the motions for leave to amend are denied.
August 22, 2005 at 12:00 AM
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