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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

LKQ CORPORATION, and KEYSTONE 

AUTOMOTIVE INDUSTRIES, INC.,

Plaintiffs,

v.

GENERAL MOTORS COMPANY, GM 

GLOBAL TECHNOLOGY OPERATIONS, 

LLC, and GENERAL MOTORS LLC

Defendants.

Civil Action No. 1:20-cv-02753

The Honorable Thomas M. Durkin

DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT OF NO INEQUITABLE CONDUCT

Defendants General Motors Company, GM Global Technology Operations, LLC, and 

General Motors LLC (collectively, “GM”) hereby move the court for an order granting it 

summary judgment of no inequitable conduct. This case has been pending for over two years, 

yet LKQ has failed to adequately define, or produce evidence to prove, any of its baseless 

inequitable conduct allegations. 

Based on its allegations to date, and the facts in the record, LKQ’s inequitable conduct 

theories fail as a matter of law for at least two reasons.

First, many of LKQ’s allegations are based on the acts of GM employees or agents who 

were not even substantively involved in the filing or prosecution of the patents. Inequitable 

conduct does not apply to such people as a matter of law because they have no duty to disclose 

prior art to the Patent Office under 37 C.F.R. § 1.56(c). 

Second, for the remaining attorneys and inventors that LKQ accuses, LKQ has not come 

forward with facts showing that anyone acted with a specific intent to deceive the Patent Office

as required by Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1290 (Fed. Cir. 

Case: 1:20-cv-02753 Document #: 272 Filed: 12/16/22 Page 1 of 4 PageID #:6146
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2011). LKQ did not obtain discovery from many of those it accuses of fraud and instead bases 

its claims on “information and belief” or that the individual “knew or should have known.” This 

is not enough to meet the Therasense standard, which requires the individual “made a deliberate 

decision to withhold a known material reference.” Therasense, 649 F.3d at 1290 (emphasis in 

original). Moreover, the specific intent to deceive must be “the single most reasonable inference 

able to be drawn from the evidence.” Therasense, 649 F.3d at 1290 (citation omitted). Thus, 

GM respectfully requests this Court to grant its Motion of Summary Judgment of No Inequitable 

Conduct.

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Dated: December 16, 2022 FISH & RICHARDSON P.C.

By: /s/ Conrad A. Gosen

John C. Adkisson (pro hac vice)

adkisson@fr.com

Joseph A. Herriges (pro hac vice)

herriges@fr.com

Conrad A. Gosen (pro hac vice)

gosen@fr.com

Brianna L. Chamberlin (pro hac vice)

chamberlin@fr.com

FISH & RICHARDSON P.C.

3200 RBC Plaza

60 South 6th Street

Minneapolis, MN 55402

Telephone: (612) 335-5070

Facsimile: (612) 288-9696

Steven McMahon Zeller (IL 6238416)

szeller@dykema.com

DYKEMA GOSSETT PLLC

10 South Wacker Drive

Suite 2300

Chicago, IL 60606

Telephone: (312) 627-2272

Attorneys for Defendants

General Motors Company, GM Global 

Technology Operations, LLC, and General 

Motors LLC

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was served via CM/ECF on 

December 16, 2022 upon all counsel of record.

/s/ Conrad A. Gosen

Conrad A. Gosen

gosen@fr.com

Case: 1:20-cv-02753 Document #: 272 Filed: 12/16/22 Page 4 of 4 PageID #:6149