· 12/21/1988
Kingsdown Medical Consultants, Ltd. And E.R. Squibb & Sons, Inc. v. Hollister Incorporated
Citations
- 863 F.2d 867
- 9 U.S.P.Q. 2d (BNA) 1384
- 1988 U.S. App. LEXIS 17213
- 1988 WL 135734
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the evidence “must be sufficient to require a finding of deceitful intent in the light of all the circumstances”
- explaining that it is not “in any manner improper to amend or insert claims intended to cover a competitor’s product the applicant’s attorney has learned about during the prosecution of a patent application”
- finding the proffered witness qualified as an expert in mechanical engineering, but that his methodology, in analyzing a particular tire failure, was not reliable
- holding even gross negligence insufficient to prove intent to deceive
- intent to deceive the examiner into granting the patent is a separate and essential element of inequitable conduct in the PTO
- conduct must be “sufficient to require a finding of deceitful intent in light of all the circumstances”
Source: CourtListener parenthetical corpus (CC0).
Judges: Markey, Smith, Archer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.