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· 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 CourtListener

Sourced 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.