IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ST. JUDE MEDICAL, et al., Plaintiffs, v.

VOLCANO CORPORATION, Defendant. Civil Action No. 10-631-RGA

ORDER The Court has considered Volcano's Motion for Summary Judgment ofNo Unenforceability for Inequitable Conduct, etc. (D.I. 476). It has been fully briefed and orally argued. (D.I. 638). Volcano requests that I grant summary judgment of no inequitable conduct because there is no disputed material fact. Alternatively, even if there is a disputed material fact, and therefore for present purposes I must assume there was inequitable conduct, Volcano states that as a matter of law the patent-in-suit, as a "great-grandchild" of the "tainted" patent is too distantly related to be rendered unenforceable. There is a certain amount of novelty in the second issue that Volcano is pursuing. I think it would be better framed if I decided whether there actually was any underlying inequitable conduct. While I have seen the inventor testify twice before, I would like to see him testify on the matters framed by this motion, since my judgment on his credibility is likely to be dispositive, and I cannot make a credibility determination on a summary judgment motion. Thus, the Motion for Summary Judgment ofNo Unenforceability for Inequitable Conduct, etc. (D.I. 476) is DENIED. A one-day bench trial is scheduled to begin November 26,

2014, at 9 a.m. The Court will hold a pretrial conference on November 14, 2014, at 10 a.m.