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 | 6 min read | 02.18.26
The CeramTec Case, or How to (not) Navigate the Patent to Trademark Transition
The Court of Justice of the European Union (CJEU) recently delivered its judgment in the CeramTec case (C-17/24).
Client Alert | 4 min read | 02.17.26
Texas Federal Court Hands Cyber Policyholders Major Win in Southwest Airlines Coverage Dispute
Client Alert | 3 min read | 02.13.26
Client Alert | 12 min read | 02.13.26
What Organ Procurement Organizations Need to Know About CMS's New Proposed Rule
