Spotlight On Upcoming Oral Arguments – October 2017

The Federal Circuit hits the road this week, hearing oral arguments in New York City, including at the Court of International Trade, NYU Law School, and Columbia Law School.

Monday, October 2, 2017

Xitronix Corp. v. KLA-Tencor Corp., No. 16-2746, Courtroom 203

This appeal arises from a Western District of Texas summary judgment order finding that KLA did not engage in fraud in its prosecution and procurement of the patent-in-suit. KLA argues that the court correctly found that it disclosed all prior art and related materials to the PTO and thus did not misrepresent or omit any material facts, fulfilling its duty of candor to the PTO.  Xitronix argues that the Examiner relied upon KLA's misrepresentation of the relevant prior art and that the mere disclosure of the judgment invalidating a nearly identical patent was not sufficient to satisfy the duty of candor.