Fraud on Patent Office Claim to Move Forward

District of Delaware Judge Joel Pisano refused to dismiss antitrust counterclaims filed by Daewoo in a patent infringement action filed by LG.  LG alleged that Daewoo and other washer manufacturers were infringing four LG owned patents.  Daewoo counterclaimed, arguing that the patents are invalid and their enforcement constitutes an antitrust violation because the patents were obtained through fraud on the patent office.  Specifically, Daewoo alleges that LG failed to disclossed prior art that surfaced in patent prosecution in Japan.  The court held that Daewoo’s allegations were specific enough to survive a motion to dismiss.

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