United States Federal Circuit

In plaintiff's suit against its competitor seeking a declaratory judgment of non-infringement of a patent, which is drawn to seams including thermal adhesive to reduce pucker in garments, supplemental judgment of the district court reinstating its previous judgment, awarding attorney fees and costs under 35 U.S.C. section 285 and post-judgment interest at the rate allowable at the time of the earlier judgment in favor of the plaintiff is affirmed in part, reversed in part and remanded where: 1) the district court did not abuse its discretion in finding inequitable conduct as there is no clear error in the materiality or deceptive intent analysis of defendant's failure to disclose the URS; 2) district court did not err in finding misrepresentation with respect to the double top-stitch seam; 3) trial court had ample reasons for concluding that defendant's litigation tactics were abusive; and 4) the post-judgment interest rate is reversed as the previous judgment was legally insufficient and the April 10, 2009 judgment and its .58% interest rate applies.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

Court

• United States Federal Circuit

Counsel