No Culpable Intent, No Inequitable Conduct

Reversing the district court’s finding of inequitable conduct at summary judgment, the U.S. Court of Appeals for the Federal Circuit held that "a failure to disclose a prior art device to the PTO, where the only evidence of intent is a lack of a good faith explanation for the nondisclosure, cannot constitute clear and convincing evidence sufficient to support a determination of culpable intent." M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co., 2006 U.S. App. LEXIS 4993 (Fed. Cir. Feb. 27, 2006) (Lourie, J.).

The inventor passed away after the relevant patent application was filed. Thereafter, the U.S. Patent and Trademark Office (USPTO) examiner allowed the asserted claims, noting that the art of record failed to show all of the claimed elements.