No inequitable conduct found where withheld art was not material
IMX, Inc. v. LendingTree, LLC, D. Del. No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. After bench trial on inequitable conduct, the court found the patent was not unenforceable due to failure to disclose prior art.
After the jury found willful infringement and no invalidity, the Court held a bench trial on inequitable conduct on Jan. 12 and 18, 2006. The Court found that the disputed prior art undisclosed to the examiner was not material. Defendant failed to prove inequitable conduct by clear and convincing evidence.
A copy of the full opinion is available here.
