"We must credit the reasonable inference that Dr. Valdez was innocently mistaken. This inference, combined with the other evidence in the record, creates a genuine dispute of material fact regarding Tenaris's intent to deceive the USPTO, which precludes summary judgment on the inequitable conduct claim."
The Federal Circuit reversed a district court's summary judgment in a patent dispute between Global Tubing and Tenaris over coiled tubing products. Global Tuiling challenged Tenaris's patents and alleged inequitable conduct and Walker Process fraud, claiming Tenaris withheld CYMAX Documents describing a 1990s product with overlapping technical specifications from the USPTO during patent prosecution. An inventor's comment questioning disclosure of the documents raised questions about intent. The court determined genuine disputes of material fact existed regarding whether the documents were material prior art and whether Tenaris intentionally withheld them to deceive the USPTO, precluding summary judgment and requiring further proceedings.
#patent-prosecution #inequitable-conduct #walker-process-fraud #prior-art-disclosure #federal-circuit
Read at IPWatchdog.com | Patents & Intellectual Property Law
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