Inequitable Conduct Counterclaims Denied as Futile for Lacking Materiality

Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 2, 2025) (Durkin, J.)

Judge Durkin denied Shenzhen’s motion to amend to add inequitable conduct counterclaims, holding the proposed amendments were futile for failure to plead but-for materiality and specific intent under the Federal Circuit’s tightened Therasense standard.

Shenzhen alleged omissions relating to inventorship for earlier patents and a certification issue for a later patent. The Court found no plausible allegations that the Patent Office would not have issued the patents but for the alleged misconduct. The proposed claims focused on purported pecuniary motives and presentation issues, not but-for materiality as Therasense requires.