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Inequitable Conduct Ruling V. Bra Maker Reversed

Law360 (February 17, 2009, 12:00 AM EST) -- A federal appeals court has reversed an inequitable conduct finding against nursing bra maker Glamourmom LLC, which had sued Target Corp., Kohl’s Department Stores Inc., J.C. Penney Company Inc. and other major retailers for infringing its product.

The U.S. Court of Appeals for the Federal Circuit upheld a ruling finding Glamourmom’s patent invalid for obviousness, but overturned the jury’s inequitable conduct finding after concluding that the company had not displayed an intent to deceive the patent office.

The defendants had argued that Glamourmom committed inequitable conduct...
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