Category Archives: Inequitable Conduct

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Federal Circuit Rejects Appeal of Walker Process Claim

In Xitronix Corp. v. KLA-Tencor Corp., No. 2016-2746 (Fed. Cir. Feb. 9, 2018), the Federal Circuit considered whether it or a regional circuit had jurisdiction over an appeal of a case raising only Walker Process antitrust claims. The court held that, in view of the Supreme Court’s decision in Gunn v. Minton, 568 U.S. 251 … Continue reading this entry

Mischaracterizing Record of Ex Parte Reexamination May Constitute Inequitable Conduct

In Ohio Willow Wood Co. v. Alps South, LLC, No. 2012-1642 (Nov. 15, 2013) the Federal Circuit reversed a district court’s summary judgment ruling of no inequitable conduct and suggested in its decision that the patentee committed inequitable conduct before the USPTO. In Ohio Willow, the patentee allegedly withheld evidence and misrepresented testimony when appealing … Continue reading this entry

Federal Circuit Split Over Inequitable Conduct for Late Payment of Maintenance Fee

In Network Signatures, Inc. v. State Farm Mut. Auto. Ins. Co., No. 2012-1492 (Fed. Cir. Sept. 24, 2013), a divided Federal Circuit panel reversed a district court’s finding of inequitable conduct based on the late payment of a maintenance fee. The majority held that using the standard PTO form without providing an explanation for the late payment could … Continue reading this entry