Kilpatrick Townsend


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 January 16, 2017 Written by 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.

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

January 16, 2017

Written by

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.