Elm 3DS Innovations, LLC v. v. Micron Technology, Inc., et al., C.A. No. 14-1431 - LPS, August 10, 2015

Stark, C. J. Plaintiff’s motion to strike defendants’ inequitable conduct affirmative defense is granted.

The court finds that defendants’ inequitable conduct defense is not plausible since it is based solely on plaintiff’s failure to disclose information related to the Interference. The court finds that the BPAI terminated the Interference without determining priority and instead found that it was barred under a statute of repose. The claims at issue were materially altered after the expiration of the one-year window permitted.