Tuesday, July 21, 2009

Misrepresenting Prior Art Renders Patent Unenforceable

Following a bench trial, the court found plaintiff's patent to be unenforceable due to inequitable conduct. "[A] full and fair reading of [the prior art references] indicate that the applicants misrepresented those references. . . . The single most reasonable inference from the evidence discussed above is that the applicants intended to deceive. The applicants’ mere denial of intent to deceive is insufficient, and Plaintiff has not presented sufficient evidence of good faith to prevent a finding of intent."

Ring Plus, Inc. v. Cingular Wireless LLC et al., 5-08-cv-00042
(TXED July 17, 2009, Findings of Fact & Conclusions of Law) (Folsom, J.)

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