Insights: Publications Federal Circuit: Inequitable Conduct is Not Warranted Without Evidence of Materiality of Withheld Document to the Patent Office
National Law Review, Volume VII, Number 16
Summary judgment of inherent anticipation is inappropriate where a genuine dispute of material fact exists as to whether a claim limitation is inherent in the prior art references. Inequitable conduct requires a showing of materiality and is not warranted where there is no evidence that the patents-in-suit would not have issued had the plaintiff disclosed the withheld documents to the Patent Office.
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