This week, Judge Andrews dismissed a summary judgment motion on inequitable conduct.
Plaintiff argued—apparently correctly—that the defendant had never pled inequitable conduct at all. And, when the plaintiff moved for summary judgment on inequitable conduct, the defendant did not file any answering brief opposing the motion (although a defendant in a related action filed brief a brief for "all Defendants").
So why was the seemingly unopposed motion dismissed rather than granted? As explained by Judge Andrews:
I do not think I can grant summary judgment against a party on an issue that is neither raised by the pleadings nor asserted by the party in the briefing. Inequitable conduct is not an …