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BAYER AG v. HOUSEY PHARMACEUTICALS, INC.

No. CIV. 01-148-SLR.

386 F.Supp.2d 578 (2005)

BAYER AG and Bayer Corporation, Plaintiffs, v. HOUSEY PHARMACEUTICALS, INC., Defendant.

United States District Court, D. Delaware.

September 19, 2005.

Attorney(s) appearing for the Case

Rudolf E. Hutz, Esquire, Jeffrey B. Bove, Esquire, and Mary W. Bourke, Esquire of Connolly Bove Lodge & Hutz LLP, Wilmington, DE, for Plaintiffs.

M. Duncan Grant, Esquire of Pepper Hamilton LLP, Wilmington, DE, for Defendant. Of Counsel: R. Terrance Rader, Esquire, and James F. Kamp, Esquire, of Rader, Fishman & Grauer PLLC, Bloomfield Hills, MI.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

By opinion issued on December 4, 2003 (D.I.305), I found U.S. Patent No. 4,980,281 ("the '281 patent")1 to be unenforceable due to inequitable conduct. More specifically, I found that Dr. Housey, the named inventor of the patents in suit, was not credible in his testimony concerning the soft agar experiment he allegedly performed and the results...

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