United States Federal Circuit

District court's grant of summary judgment and upholding of the rejection of various claims of plaintiff's patent application is affirmed where the court properly excluded plaintiff's new evidence as he had an affirmative and specific duty to disclose to the PTO the evidence excluded by the court, willfully refused to provide the evidence in response to a valid action by the examiner, and presented no acceptable excuse for his failure to properly present the evidence.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

Court

• United States Federal Circuit

Counsel