Evonik Degussa GmbH v. Materia Inc., C.A. No. 09-636-NLH-JS, April 6, 2016.

Hillman, J. (sitting by designation) Defendant’s motion to dismiss inequitable conduct counterclaim is granted.  The counterclaim is dismissed as moot.  Oral argument took place on March 29, 2016.

The court on December 21, 2015 granted plaintiff’s motion for partial summary judgment of non-infringement of the ‘590 patent and defendant provided a covenant not to sue, mooting plaintiff’s counterclaim of invalidity.  The parties disagree whether the covenant moots the inequitable conduct counterclaim.  The court finds that the covenant is sufficiently broad to remove any case or controversy and dismisses the inequitable conduct counterclaim. However, evidence relating to inequitable conduct may still be relevant to other issues remaining in the case.