• Federal Circuit Reverses Finding Of Unenforceability for Inequitable Conduct Due To Lack Of Intent To Deceive
  • December 1, 2010 | Authors: Sean M. Walsh; Mark A. Williamson
  • Law Firm: Fitzpatrick, Cella, Harper & Scinto - Washington Office
  • In order to prove inequitable conduct, an accused infringer must show that the patentee (1) made an affirmative misrepresentation of material fact, failed to disclose material information, or submitted false material information, and (2) intended to deceive the Patent and Trademark Office. In Ring Plus, while the accused infringer proved that the patentee made a material misrepresentation, there was no clear and convincing evidence of deceptive intent. The Federal Circuit, therefore, reversed the lower court’s finding of unenforceability for inequitable conduct.