Alfa Leisure, Inc. v. King of the Road

PROCEEDINGS ORDER (1) DENYING DEFENDANT/COUNTER-CLAIMANT’S MOTION FOR SUMMARY JUDGMENT AS TO ITS AFFIRMATIVE DEFENSE AND COUNTER-CLAIM BASED ON PLAINTIFF/COUNTER-DEFENDANT’S INEQUITABLE CONDUCT REGARDING U.S. PATENT NO. RE 37,351, AND (2) GRANTING PLAINTIFF/COUNTER-DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT/COUNTER-CLAIMANT’S AFFIRMATIVE DEFENSE AND COUNTER-CLAIM BASED ON INEQUITABLE CONDUCT

The court, Judge Robert J. Timlin, has read and considered the motion for summary judgment by defendant/counter-claimant King of the Road (“KOR”) on its affirmative defense/counter-claim for inequitable conduct regarding U.S. Patent No. RE 37,351 (“ ’351 patent”) against plaintiff/counter-defendant Alfa Leisure, Inc. (“Alta”), pursuant to Fed.R.Civ.P. Rule 56 (“Rule 56”). The court has also considered the opposition of Alfa and KOR’s reply. Based on such consideration, the court concludes as follows.

I.

BACKGROUND

Alfa filed a complaint against KOR for patent infringement. KOR filed an answer to Alfa’s complaint and counterclaims, and Alfa filed a reply to the counterclaims. The court granted KOR’s motion for leave to amend its answer and counterclaims to include an…