Replies to post #121851 on Biotech Values

[zipjet]

I would assume the vast majority of summary judgement motions are denied for exactly this reason (facts are in dispute), and it can almost be a form reply.

Exactly.

There are two interesting facts about this MSJ. First, it was a partial MSJ on a single affirmative defense. Second, it has resulted in a bifurcated trial on the affirmative defense.

Seems a smart move by the judge.

By reviewing the PMSJ Jones has formed an opinion on the defense and she likely knows what "material facts" are at issue.

Would she be as likely to try the inequitable conduct defense separately if she thought it ill founded?

Not much here - but call it a WEAK inference of inequitable conduct.

ij