Wednesday, March 25, 2009

Selective Disclosure is "Strong Evidence of Intent to Mislead the Patent Office"

"[Plaintiff] and its counsel selected the one part of [a prior art brochure] to disclose what was consistent with how it had described [the product advertised in the brochure] to the PTO. Furnishing the entire brochure would have revealed the inconsistencies between [plaintiff's] description in the application and the truth about the [product advertised in the brochure]. Such selectivity is strong evidence of intent to mislead the patent office about the relevant prior art system as described by its competitor."

Golden Hour Data Systems, Inc. v. emsCharts, Inc., 2-06-cv-00381 (TXED March 23, 2009, Memorandum Opinion & Order)

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