No inequitable conduct was found after bench trial.
Robinson, C.J. The Court found no inequitable conduct after a bench trial.
A jury had previously found certain patents to be valid and infringed. The Court held a 2-day bench trial on inequitable conduct on June 7 and 8, 2005. Defendants asserted that 5 individuals were aware of prior art references and failed to disclose them to the PTO. The first had been submitted previously and an applicant need not resubmit references cited in a parent application. The second reference was found to be material but cumulative. Other art was found not to be material. Prototypes were material under the reasonable examiner standard, but the teachings resulting from the examination or testing of them would be cumulative. Thus defendants failed to prove by clear and convincing evidence that the patents were unenforceable due to inequitable conduct.
A copy of the full opinion is available here.
