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wjlknew

12/07/06 4:20 PM

#3880 RE: plumbobt #3876

< The judge will also rule on INSM's plea to find the 414 patent invalid. There will be various other requests by both companies>

I think you will find the inequitable conduct matter still to be ruled on by the judge applies to the 151 patent. The jury (right or wrong) has already decided the 414 patent is valid.

Should the judge rule that the 151 patent is unenforceable because of inequitable conduct, I would think the willfull infringement issue would be moot. If that is the case, there will probably be no ruling on a willfull infringement award (if any) until after the inequitable issue is decided ... and that will probably take a few days.