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Panel: Judges Dyk, Bryson, and Hughes, with Judge Dyk writing the opinion You should read this case if: you have a motion to reopen a judgment under Rule 60(b)(3) This week we take a look at a rare feat: a successful motion to set aside a judgment (and injunction) under Rule 60(b)(3) of the Federal Rules of Civil Procedure. Rule 60(b)(3) provides for relief from a judgment for reason of “fraud … , misrepresentation, or misconduct by an opposing party.”  So how did the motion here clear Rule 60(b)(3)’s high bar? Basically, it took the patent owner’s president (who was also serving as an expert) denying knowledge of prior art in a deposition, and then admitting after judgment that his deposition statements were “literally incorrect” when it was revealed that he had knowledge of undisclosed prior art “functionally identical in design to the claims” of the patent. And the district court found the president’s explanations for his false deposition testimony “w

Morrison foerster llpHolaplex incCap exportMorrison foersterLoreal united states incZinus incFederal circuitLoreal united statesJudges dykJudge dykFederal rulesNinth circuitமோரிசன் போஎர்ஸ்தேற் ல்ப்ஓலப்ளேக்ஷ இன்க்மோரிசன் போஎர்ஸ்தேற்லோரல் ஒன்றுபட்டது மாநிலங்களில் இன்க்