Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:05-cv—OO048—SLR Document 81 Filed O9/29/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HiTAcHI, LTD., J
Plaintiff, g
v. g Civ. No. 05-48-SLR
BORGWARNER INC., g
BORG—wARNER AUTOMOTIVE, INC., )
BORGWARNER POWDERED METALS, )
INC., and BORGWARNER MORSE )
Tac imc., >
Defendants. g
O R D E R
At Wilmington this 29m day of September, 2005, having
reviewed defendants’ motion to strike plaintiff's allegations of
inequitable conduct, and the papers submitted in connection
therewith;
IT IS ORDERED that said motion (D.I. 8) is denied. The
allegations in the complaint related to inequitable conduct
satisfy the pleading requirements of Fed. R. Civ. P. 9(b), as the
complaint identifies the allegedly material prior art and the
proceeding in which the prior art became known to defendants, and
references the publicly-available documents that identify those
involved in the prosecutions of both the Interference and the
‘738 patent. That is sufficient guidance for purposes of

Case 1:05-cv—OOO48—SLR Document 81 Filed O9/29/2005 Page 2 of 2
discovery and pursuing a meaningful defense to the allegations.
United Stzgges District: Judge
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