Wednesday, May 20, 2009

Inequitable Conduct is not Excused by PTO's Later Allowance of Similar Claim Over Undisclosed Prior Art

Following a bench trial finding of inequitable conduct, plaintiff's motion for a new bench trial was denied. The court rejected plaintiff's argument that a new trial was warranted because of "a patent examiner's recent decision to allow a similar application even after learning of the same prior art. [T]his decision does not provide convincing evidence to refute the court's prior conclusion that [plaintiff] knowingly withheld material prior art."

Lazare Kaplan International Inc. v. Photoscribe Technologies, Inc., 1-06-cv-04005
(NYSD May 18, 2009, Opinion)
District Judge Thomas P. Griesa

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