United States Federal Circuit

Failure to disclose a PTO Board of Appeals decision regarding prior art, combined with affirmative misrepresentation to a PTO examiner, is inequitable conduct rendering a patent unenforceable.

Appellate Information

• Decided 11/08/2000
• Published 11/08/2000

Judges

• PLAGER, Circuit Judge., Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Rolf O. Stadheim,Stadheim & Grear, Ltd., of Chicago, Illinois, argued for plaintiff appellant.   With him on the brief was Joseph A. Grear.   Of counsel on the brief was Amy S. Owen, Miles & Stockbridge, of McLean, Virginia.


• For Appellees:
  
• Arthur I. Neustadt, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., of Arlington, Virginia, argued for defendants-appellees.   With him on the brief was Carl E. Schlier.   Of counsel on the brief were Ronald L. Yin and Stephen M. Everett, Limbach & Limbach L.L.P., of San Francisco, California.