November 2013

Spotlight Info

In Intellect Wireless, Inc. v. HTC Corp., No. 12-1658 (Fed. Cir. Oct. 9, 2013), the Federal Circuit affirmed the district court’s judgment that patents asserted by Intellect Wireless, Inc. were unenforceable due to inequitable conduct.  The Court held that the inventor, Mr. Daniel Henderson, had engaged in affirmative egregious misconduct by filing a declaration that falsely asserted that the claimed invention had been reduced to practice and demonstrated, and then by failing in a revised declaration to expressly negate those misrepresentations.  The Federal Circuit concluded this conduct established both materiality and specific intent to deceive the PTO.  See this month’s edition of Last Month at the Federal Circuit for a full summary of this decision.