Declarant’s Intentional Misrepresentation Not Remedied By Contradictory Supporting Exhibits
Client Alert | 1 min read | 03.26.07
In eSpeed, Inc. v. Brokertec USA, L.L.C., (No. 06-1385; March 20, 2007), the Federal Circuit affirms the district court’s judgment declaring a patent unenforceable due to inequitable conduct. eSpeed submitted three declarations and 1139 pages of supporting exhibits disclosing a prior system implemented by eSpeed. One of the declarations stated that the prior system did not include computer code that implements particular trading rules. The supporting exhibits, however, disclosed that the system included computer code for implementing those trading rules. Rejecting eSpeed’s argument the contradictory supporting exhibits vitiated the materiality of the false statements, the Federal Circuit holds that these false statements left the examiner with the impression that further investigation into the operation of the system was not required.
Insights
Client Alert | 5 min read | 09.16.25
Bucking the Odds: Why Technology Companies Should Embrace Software Patents Today
Although the Supreme Court’s 2014 decision in Alice v. CLS Bank and its progeny affected the issuance and enforcement of software patents and led to a major shift in U.S. patent policy, software patents still have value today and such protection therefore should be pursued.
Client Alert | 3 min read | 09.15.25
Client Alert | 4 min read | 09.12.25
SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
Client Alert | 6 min read | 09.11.25
U.S. Department of Commerce Partially Relaxes Export Controls on Syria