district court suggested that RICO claims and the inequitable conduct defense are mutually exclusive remedies. The district court noted that the affirmative defense of inequitable conduct supplies an adequate remedy by rendering the patent unenforceable and possibly also entitling the alleged infringer to attorney fees under 35 U.S.C. § 285. Samsung disputes that the federal patent laws preempt its state RICO counterclaims, noting that the patent statute nowhere expressly excludes RICO remedies. Samsung claims that SEL’s misconduct is not a “garden-variety” instance of inequitable conduct, and emphasizes the Supreme Court’s recognition of concurrent RICO and state law remedies for a single activity. See Humana, Inc. v. Forsyth, 525 U.S. 299, 303, 119 S.Ct. 710, 142 L.Ed.2d 753 (1999) (<HOLDING>). Samsung also notes that the New Jersey RICO
holding a state has a substantial interest in regulating the practice of law within the state holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law holding that a statute of general applicability was not enacted for the purpose of regulating the business of insurance holding pennsylvania statute regulating subrogation is a law regulating insurance holding that the plaintiffs state law claims are preempted by federal law