Known Operations Cannot be Deemed Intentionally Concealed Absent Evidence of Intent

Addressing whether a well-known operation can be deemed intentionally concealed, absent evidence of intent, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of patent invalidity that was based on the inventors’ failure to disclose the preferred mode of practicing an invention. High Concrete Structures, Inc., v. New Enterprise Stone and Lime Co., Inc. and Robbins Motor Transportation, Inc., Case No. 03-1477 (Fed. Cir. July 29, 2004).

High Concrete Structures, Inc. (High Concrete) is the owner of U.S. Pat. No. 5,947,665 (the `665 patent). The `665 patent is directed to a device for adjusting the orientation of heavy and bulky cargo loaded on a truck for transport. By adjusting the orientation of large concrete structures to a particular angle, the loaded truck is so wide as to be classified as carrying an oversized load. To adjust the orientation, the `655 patent discloses that the loaded cargo may be rotated manually without heavy