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'Smarmy' Behavior Not Exactly Fraud, Fed. Circ. Judge Says

Law360 (May 22, 2019, 8:16 PM EDT) -- A Federal Circuit judge laid into attorneys Wednesday as she heard arguments in a patent fraud case, saying at one point that even though she was unsure alleged omissions in a patent application rose to the level of fraud, she had grounded her children for omitting less.

U.S. Circuit Judge Kimberly Ann Moore, a member of the panel hearing the case, volleyed arguments from Xitronix and KLA-Tencor attorneys Wednesday morning, interrupting them when she wasn't pleased with their responses and warning them when certain arguments held no water with her.

"Time out," she said at one point, halting Aaron Fountain, the...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

410 Antitrust (Federal Question)

Date Filed

September 30, 2016

Law Firms


Government Agencies