Inequitable conduct during prosecution can invalidate a patent in later litigation. Inequitable conduct resides in failure to disclose material information, or submission of false material information, with an intent to deceive, and those two elements, materiality and intent, must be proven by clear and convincing evidence.
Kingsdown had a claim rejected and then Kingsdown renumbered the claim and told the examiner that the renumbered claim had the same wording as an already allowed claim. The District court found that the amendment was material, because the amendment was made to overcome a rejection; the District court found that the amendment was deceitful because the amendment was at least grossly negligent; and the District court invalidated the patent on grounds of inequitable conduct. The Federal Circuit found that the District court’s decision regarding inequitable conduct was clearly erroneous and reversed the decision and remanded the case.
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