Federal Circuit Reverses Inequitable Conduct Finding

Law360, New York (February 28, 2006, 12:00 AM EST) -- The U.S. Court of Appeals for the Federal Circuit gave a district court a lesson in inequitable conduct Monday, reversing its findings in a nine-year-old battle and reviving a tool company’s defense against its rival.

At issue is whether failing to provide a good faith explanation for nondisclosure of prior art is sufficient as stand-alone evidence to support allegations of intent to deceive the U.S. Patent and Trademark Office.

The appeals court made it clear through the order that more evidence is needed in such cases....
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