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Declarant’s Intentional Misrepresentation Not Remedied By Contradictory Supporting Exhibits

Client Alert | less than 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.

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Client Alert | 7 min read | 05.18.26

Procurement Act 2023: First Automatic Suspension Applications Dismissed — What This Means for Suppliers to the UK Government

The first applications to lift an automatic suspension under the Procurement Act 2023 (the Act) have recently been decided. In Parkingeye Limited v Velindre University NHS Trust & Anor [2026] EWHC 1019 (TCC), handed down on 1 May 2026, HHJ Keyser KC dismissed applications by two NHS contracting authorities to lift the suspension preventing them from concluding a car park management services contract. This is the first judicial consideration of the new test under section 102(2) of the Act....