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.
Insights
Client Alert | 4 min read | 05.11.26
New Temporary State Aid Framework Throws A Lifeline To Sectors Hit By The Middle East Crisis
On 29 April 2026, the European Commission adopted the Middle East Crisis Temporary State Aid Framework (METSAF), a temporary framework relaxing the conditions under which EU Member States can support companies in sectors particularly affected by fuel, fertilizer, and electricity price surges driven by the Middle East crisis.
Client Alert | 6 min read | 05.08.26
Client Alert | 6 min read | 05.08.26
Client Alert | 9 min read | 05.06.26
After the Verdict: Navigating the Live Nation/Ticketmaster Antitrust Fallout
