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Intent to deceive USPTO by selective disclosure requires actual knowledge of withheld information
  • McDermott Will & Emery
  • USA
  • September 30 2010

In disposing of yet another inequitable conduct case in the lead up to the en banc Therasense case, the U.S. Court of Appeals for the Federal Circuit remanded for factual findings a case about whether a patent agent and an inventor read a brochure that contradicted their statements to the U.S. Patent and Trademark Office (USPTO) about the state of the art, where the brochure was listed in an IDS but the brochure itself was not submitted to the USPTO.

Factual issues regarding intent preclude summary judgment
  • McDermott Will & Emery
  • USA
  • July 7 2010

The U.S. Court of Appeals for the Federal Circuit vacated an exceptional case finding and an award of attorneys’ fees based on summary judgment of inequitable conduct and remanded the case for an evidentiary hearing to determine the reasonableness of a prosecuting attorney’s explanation for failing to disclose material information.

Mary Boyle, Ph.D.
  • McDermott Will & Emery