Judge Junks Google's 'Novel' Inequitable Conduct Argument

Law360 (June 22, 2020, 10:24 PM EDT) -- A California federal judge on Monday shot down Google's "novel" theory that a San Diego company had engaged in inequitable conduct by lying to the U.S. Patent and Trademark Office in order to obtain patents for online advertising technology that Google is accused of stealing.

U.S. District Judge Cathy Ann Bencivengo said Google had not shown that Impact Engine Inc. had provided "any specific misrepresented fact or material omission or false material information" to the USPTO.

"Google's theory of inequitable conduct is a conclusory statement that the inventors and prosecuting attorney all knew that the claims they sought, and were granted,...

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