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ARTICLE · 06 AUGUST 2008

No Inequitable Conduct When Inferences Can Be Drawn Against Such Finding

Holding that the applicant is entitled to all reasonable inferences against the finding of inequitable conduct during patent prosecution, the U.S. Court of Appeals for the Federal Circuit reversed the finding of inequitable conduct and the judgment that related patents are unenforceable and vacated the attorneys' fee award, but affirmed the district court's findings of obviousness and non-infringement.

United StatesIntellectual Property
Leonid Mikityanskiy
Leonid Mikityanskiy
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Holding that the applicant is entitled to all reasonable inferences against the finding of inequitable conduct during patent prosecution, the U.S. Court of Appeals for the Federal Circuit reversed the finding of inequitable conduct and the judgment that related patents are unenforceable and vacated the attorneys' fee award, but affirmed the district court's findings of obviousness and non-infringement. The Court also affirmed the judgment invalidating all claims of the patents-in-suit given the stipulation between the parties that the case would be tried on a representative claim. Scanner Technologies Corp. v. ICOS Vision Systems Corp. N.V., Case No. 07-1399 (Fed. Cir., June 19, 2008) (Clevenger, Sr. J.).

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