United States Federal Circuit

Where the inventors failed to disclose material information to their patent attorneys, and the attorneys failed to conduct an investigation adequate to discover the information, such inequitable conduct before the PTO warrants an award of attorneys' fees to defendant.

Appellate Information

• Decided 10/09/2001
• Published 10/09/2001

Judges

• Before CLEVENGER, Circuit Judge, PLAGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward E. Vassallo,Fitzpatrick, Cella, Harper & Shinto, of New York, NY, argued for plaintiff-appellant.


• For Appellees:
  
• Gregory J. Vogler, McAndrews Held & Malloy, Ltd., of Chicago, Illinois, argued for defendants-appellees.   With him on the brief were Timothy J. Malloy, Geoffrey A. Baker, and James R. Nuttall.   Of counsel on the brief were Paul W. Painter, Jr., Ellis, Painter, Ratterree & Bart LLP, of Savannah, GA;  and Alexander J. Simmons, Schreeder, Wheeler & Flint, LLP, of Atlanta, GA.