Sur-Reply Regarding Inequitable Conduct Not Allowed by Judge Swain

Worldwide Home Products Inc. v. Time, Inc. et al.

Case Number: 1:11-cv-03633-LTS-MHD (Dkt. 251)

Stating that “the motion is fully briefed,” Judge Swain denied Time Inc.’s letter motion to file a sur-reply to Worldwide Home Products’ Motion to Alter, Amend, Vacate, or Set Aside the September 30, 2013 Memorandum Opinion and Order (Dkt. 225), which granted Time’s motion for summary judgment that U.S. Patent No. 7,938,300 (entitled “Nestable hanger with integrated cascade hook”) is invalid for inequitable conduct.  The letter provided argument about the alleged withholding of information material to patentability, but did not justify the need for a sur-reply other than to state that plaintiff was granted additional pages and time for the filing of its reply brief.

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