No inequitable conduct found where withheld art was cumulative
Becton Dickinson and Co. v. Tyco Healthcare Group LP, No. 02-1694 GMS, Sept. 25, 2006.
Sleet, J. The court held a bench trial on inequitable conduct while jury deliberated on infringement and willfulness. After a willful infringement verdict, the court ruled that the patents were not unenforceable due to inequitable conduct.
The court tried the issue of inequitable conduct on October 25, 2004. The jury found willful infringement. The invention was a “safety needle shield” to prevent accidental sticks to health care workers. The inequitable conduct involved none of the asserted claims, rather a “clip” element found in an independent claim. The court found the withheld art was merely cumulative, and there was no proof of intent to deceive
Sleet, J. The court held a bench trial on inequitable conduct while jury deliberated on infringement and willfulness. After a willful infringement verdict, the court ruled that the patents were not unenforceable due to inequitable conduct.
The court tried the issue of inequitable conduct on October 25, 2004. The jury found willful infringement. The invention was a “safety needle shield” to prevent accidental sticks to health care workers. The inequitable conduct involved none of the asserted claims, rather a “clip” element found in an independent claim. The court found the withheld art was merely cumulative, and there was no proof of intent to deceive
