thanks north40000. appreciate your comments on merits of this defense
it will be interesting to see what legal minds(i believe u are a patent attorney) like u think on the merits of this inequitable conduct case. BTW, i have requested patentdocs to comment on this. lets see if he gets the time to do it
That has advantage of delaying or staying a trial on the merits of validity and infringement--such a trial is invariably longer in time, more costly, and involves most likely participation by a jury.
This is (IMO) exactly why Teva moved for a summary judgment on inequitable conduct. Teva did not expect to prevail on the motion for summary judgment, but rather wanted to get a separate mini-trial on inequitable conduct to delay the ultimate resolution of the patent case as much as possible.