Inequitable Conduct In Ip Case Plus Decision In Administrative Matter
Avid Identification Sys., Inc. v. Crystal Import Corp., No. 09-1216, concerned a plaintiff’s suit alleging infringement of a patent directed to a multi-mode radio-frequency identification system for reading encoded biocompatible chips for implantation in aninals. In affirming the district court’s judgment that the patent was valid and infringed, but unenforceable for inequitable conduct, the court held that the district court did not abuse its discretion in rejecting the argument that plaintiff’s founder and president owed no duty of candor to the PTO as he withheld material information regarding his sales demonstrations of products that reflected the closest prior art to claims of the patent....