United States Federal Circuit

Summary judgment of inequitable conduct, finding that defendant's patent is unenforceable and expired because it falsely claimed status (and paid maintenance fees) as a small entity, was improper because a genuine dispute of material fact remains as to defendant's intent to deceive.

Appellate Information

• Decided 12/09/2003
• Published 12/09/2003

Judges

• Before NEWMAN, DYK and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Kenneth L. Wilton, Small Larkin, LLP, of Los Angeles, California, argued for plaintiff-cross appellant and cross defendant-cross appellant.   With him on the brief were Jon E. Hokanson and Jill S. Schwartz., William J. Brutocao, Sheldon & Mak, of Pasadena, California, argued for defendant/cross claimant-appellant.   With him on the brief was Jeffrey G. Sheldon.