Materiality And Intent Don't Compel Finding Of Inequitable Conduct
November 8, 2006, 12:00 AM EST
Law360, New York (November 8, 2006, 12:00 AM EST) -- Deferring to a district court’s finding of “low” levels of materiality and intent with regard to inequitable conduct, the U.S. Court of Appeals for the Federal Circuit affirmed the lower court’s ruling that two patents asserted by Kemin Foods L.C. were valid and enforceable. Kemin Foods L.C. v. Pigmentos Vegetales del Centro S.A. de C.V., case Nos. 05-1479, -1480, 06-1002 (Fed. Cir., Sept. 25, 2006) (Bryson, J.).
Kemin’s patents-in-suit, U.S. Patent No. 5,648,564 (the `564 patent) and U.S. Patent No. 5,382,714 (the `714 patent) are directed...