Inequitable Conduct

273 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The Duplan Corp. v. Moulinage et Retorderie de Chavanoz
  509 F.2d 730· 4th Cir.· 1974-10-18 ·cited 21×
  Opinion work product material developed in prior litigation is immune from discovery in subsequent litigation, even after the prior litigation has terminated.
• In re Jerabek
  789 F.2d 886· Fed. Cir.· 1986-04-24 ·cited 20×
  The court held that the Board of Appeals properly rejected the reissue applications due to inequitable conduct arising from a violation of the duty of disclosure through gross negligence.
• Kangaroos U.S.A., Inc. v. Caldor, Inc.
  778 F.2d 1571· Fed. Cir.· 1985-12-03 ·cited 20×
  The court held that summary judgment was improperly granted because the issue of the applicant's intent to deceive or mislead the Patent Office was a genuine issue of material fact that required trial.
• Codex Corp. v. Milgo Elec. Corp.
  717 F.2d 622· 1st Cir.· 1983-08-02 ·cited 20×
  The court affirmed the invalidity of the Whang '023 and Ragsdale '503 patents, found the Vilips '194 patent obvious, and upheld the award of attorney fees to Codex.
• Maurice A. Garbell, Inc. v. The Boeing Co.
  546 F.2d 297· 9th Cir.· 1976-11-10 ·cited 20×
  The court affirmed the district court's judgment finding the patent invalid and upheld the award of attorney's fees and costs to the prevailing defendants.
• In re Multidistrict Litigation Involving Frost Patent (ten cases)
  540 F.2d 601· 3d Cir.· 1976-07-14 ·cited 20×
  The court held that General Tire committed fraud on the Patent Office by failing to disclose material experimental data, rendering the Frost patent invalid as to flexible polyether urethane foams.
• Norton Co. v. Carborundum Co.
  530 F.2d 435· 1st Cir.· 1976-02-03 ·cited 20×
  The court affirmed the district court's narrow construction of the patent, finding that Carborundum's 'Big Red' product infringed the patent as construed, and that Norton's alleged misconduct did not render the narrowly construed patent unenforceable.
• Minn. Mining & MFG. Co. v. Int'l Plastic Corp.
  159 F.2d 554· 7th Cir.· 1947-01-09 ·cited 20×
  The court held that the defendant's use of a repellent on the back of adhesive tape was an equivalent of the patentee's primer, constituting infringement, and affirmed the dismissal of a patent infringement suit against a manufacturer for lack of a regular and established place o
• Modine Mfg. Co. v. The Allen Grp., Inc.
  917 F.2d 538· Fed. Cir.· 1990-10-22 ·cited 19×
  The court affirmed the district court's judgment, holding that the jury's findings of non-obviousness and no inequitable conduct were supported by substantial evidence, and that the denial of enhanced damages and attorney fees was not an abuse of discretion.
• Hewlett-Packard Co. v. Bausch & Lomb Inc.
  882 F.2d 1556· Fed. Cir.· 1989-08-09 ·cited 19×
  The court held that inequitable conduct during reissue proceedings requires a finding of intent to mislead, not just gross negligence, and that such conduct renders all claims of the patent unenforceable. The court affirmed the invalidity of reissue claims 10-12 due to a defectiv
• Hartness Int'l, Inc. v. Simplimatic Eng'g Co.
  819 F.2d 1100· Fed. Cir.· 1987-05-12 ·cited 19×
  The court held that claim 3 of the '034 patent was not invalid for lack of novelty, reversing that specific finding, but affirmed all other aspects of the district court's judgment regarding patent validity, infringement, and damages.
• Perini Am., Inc. v. Paper Converting Mach. Co.
  832 F.2d 581· Fed. Cir.· 1987-10-22 ·cited 18×
  The court held that the trial court did not err in finding that Perini's machine did not infringe PCM's patents and did not abuse its discretion in denying Perini's request for attorney fees.
• Manville Sales Corp. v. Paramount Sys., Inc.
  917 F.2d 544· Fed. Cir.· 1990-10-23 ·cited 17×
  The court held that the patent was not invalid due to on-sale or public use bars, but reversed the personal liability of corporate officers for infringement, finding they acted within the scope of their employment and lacked specific intent to induce infringement. The court also
• Beckman Instruments, Inc. v. LKB Produkter AB
  892 F.2d 1547· Fed. Cir.· 1989-12-13 ·cited 17×
  The court held that while the case was exceptional and attorney fees were awardable, the district court abused its discretion by awarding the full amount without considering the extent to which Beckman prevailed and the timing of LKB's misconduct. Expert witness fees are also awa
• Ayers v. Thompson
  536 So. 2d 1151· Fla. 1st DCA· 1988-12-28 ·cited 17×
  The Ayers appealed a trial court judgment that reformed a deed by striking a ten-foot easement reservation and awarded damages to Thompson. The court affirmed the deed reformation but reversed and remanded the damages award for lack of evidentiary support.
• Litton Indus. Prods., Inc. v. Solid State Sys. Corp.
  755 F.2d 158· Fed. Cir.· 1985-02-25 ·cited 17×
  The court held that the district court erred in finding the patent invalid based on obviousness by failing to consider the invention as a whole, and reversed the finding of unfair competition because the nondisclosure of prior art was not material.
• Overholser v. Theroux
  149 So. 2d 582· Fla. 3d DCA· 1963-02-12 ·cited 17×
  Overholser and Bechtold appealed a foreclosure decree on a purchase money mortgage, arguing the mortgagee's inequitable conduct in refusing to endorse an insurance draft and creating confusion about payment status should prevent acceleration. The court agreed, finding equity requ
• Allen Archery, Inc. v. Browning Mfg. Co.
  819 F.2d 1087· Fed. Cir.· 1987-04-23 ·cited 16×
  The court affirmed the district court's judgments, finding the patent valid and infringed, and rejecting claims of inequitable conduct, patent misuse, and antitrust violations.
• Shiley, Inc. v. Bentley Labs., Inc.
  794 F.2d 1561· Fed. Cir.· 1986-06-16 ·cited 16×
  The court affirmed the district court's judgment, holding that the jury's findings of non-infringement, non-invalidity, and no inequitable conduct were supported by substantial evidence, and that the district court did not err in its rulings on damages, willful infringement, or d
• Power Lift, Inc. v. Lang Tools, Inc.
  774 F.2d 478· Fed. Cir.· 1985-10-07 ·cited 16×
  A corporate officer can be held liable for inducing his corporation's patent infringement, and continuing production after notice of a patent constitutes willful infringement.
• Am. Hosp. Supply Corp. & Mass. Gen. Hosp. v. Travenol Labs., Inc.
  745 F.2d 1· Fed. Cir.· 1984-09-26 ·cited 16×
  The court affirmed the International Trade Commission's determination that the appellee did not infringe the asserted claims of the Fischer patent under the doctrine of equivalents, finding the appellant failed to meet its burden of proof regarding the functional equivalence of t
• Digit. Equip. Corp. v. Diamond
  653 F.2d 701· 1st Cir.· 1981-06-12 ·cited 16×
  The PTO has the statutory authority to strike a patent reissue application based on fraud under Rule 56, even if the underlying statute for reissue (§ 251) uses a narrower 'deceptive intention' standard, because the duty of candor is an independent equitable principle.
• Iron ORE Co. OF Canada v. The DOW Chem. Co.
  500 F.2d 189· 10th Cir.· 1974-07-18 ·cited 16×
  The court held that the trial court's findings were not clearly erroneous, affirming that Dow's invention had priority over Ireco's patent and that Dow did not engage in inequitable conduct.
• Fla. Brace Corp. & Arthur R. Moore v. Bartels
  332 F.2d 337· 9th Cir.· 1964-05-23 ·cited 16×
  The court held that the trial court's findings of bad faith and inequitable conduct were unsupported by the record, thus reversing the award of attorney fees.
• Nutrition 21 v. The United States
  930 F.2d 867· Fed. Cir.· 1991-03-29 ·cited 15×
  The court held that the district court erred by failing to set forth adequate findings of fact to support the preliminary injunction, necessitating its vacation.
• RCA Corp. v. Data Gen. Corp.
  887 F.2d 1056· Fed. Cir.· 1989-10-11 ·cited 15×
  The court held that RCA's patent claims were invalid due to the on-sale bar, and affirmed the district court's denial of RCA's contract claims and DGC's request for attorney fees.
• Smith v. Bollinger
  137 So. 2d 881· Fla. 2d DCA· 1962-02-21 ·cited 15×
  Joan Bollinger sought to set aside the final divorce decree through a bill of review, challenging property division and custody arrangements on grounds of duress and fraud. The appellate court reversed the trial court's denial of summary judgment, holding that the decree was fina
• In re Bellanca Aircraft Corp. v. Anderson-Greenwood Aviation Corp.
  850 F.2d 1275· 8th Cir.· 1988-06-22 ·cited 14×
  The court held that payments to third parties for the benefit of the debtor can constitute 'new value' under § 547(c)(4) and that post-petition advances cannot offset pre-petition preferences. However, it remanded for further findings on whether resale proceeds were property of t
• Baker OIL Tools, Inc. v. GEO Vann, Inc.
  828 F.2d 1558· Fed. Cir.· 1987-09-17 ·cited 14×
  The court held that the district court erred in granting summary judgment on the issues of public use/on sale and inequitable conduct, reversing those decisions and remanding for trial.
• Square Liner 360°, Inc. v. Finis Lavell Chisum & Chief Indus., Inc.
  691 F.2d 362· 8th Cir.· 1982-10-12 ·cited 14×
  The court affirmed the validity of the '100 patent but vacated the award of damages and the injunction, remanding for a new trial on damages.
• Buzzelli v. Minn. Mining & Mfg. Co.
  521 F.2d 1162· 6th Cir.· 1975-07-23 ·cited 14×
  The court held that the patent is unenforceable due to the patentee's inequitable conduct in failing to disclose material prior art to the Patent Office.
• King-Seeley Thermos Co. v. Tastee Freez Indus., Inc.
  357 F.2d 875· 7th Cir.· 1966-03-14 ·cited 14×
  The court held that claims 2 and 4 of the '694 patent are valid over the prior art and were infringed by Tastee Freez's machines, affirming the district court's judgment.
• Becker v. Becker
  778 So. 2d 438· Fla. 1st DCA· 2001-02-14 ·cited 13×
  In this marital dissolution appeal, the trial court awarded attorney fees to the wife for the husband's contempt and implemented various financial restrictions and asset controls. The husband challenged these orders on multiple grounds, but the appellate court affirmed, finding n
• In re Fabricators, Inc. v. Tech. Fabricators, Inc.
  926 F.2d 1458· 5th Cir.· 1991-03-27 ·cited 13×
  The court affirmed the bankruptcy court's decision to equitably subordinate TFI's claims and transfer its liens to the estate, finding sufficient evidence of inequitable conduct.
• Wardley Int'l Bank, Inc. v. Nasipit BAY Vessel
  841 F.2d 259· 9th Cir.· 1988-02-11 ·cited 13×
  The court held that a foreign ship mortgage can be equitably subordinated to maritime liens for necessaries even if the mortgage is valid and the liens arose before default, if the mortgagee engaged in inequitable conduct that harmed other claimants.
• Under SEA Indus., Inc. v. Dacor Corp.
  833 F.2d 1551· Fed. Cir.· 1987-11-13 ·cited 13×
  The court held that the filing of a notice of appeal does not divest the district court of jurisdiction to enter its intended written findings and conclusions, and that the district court's findings of patent validity and infringement were not clearly erroneous.
• Gardco Mfg., Inc. v. Herst Lighting Co.
  820 F.2d 1209· Fed. Cir.· 1987-06-08 ·cited 13×
  The court held that a district court did not abuse its discretion in separating the equitable issue of inequitable conduct for a non-jury trial before the jury trial on infringement and validity, and that the patent was unenforceable due to inequitable conduct.
• N. Telecom, Inc. v. Datapoint Corp.
  908 F.2d 931· Fed. Cir.· 1990-06-29 ·cited 12×
  The court held that the "best mode" requirement of 35 U.S.C. § 112 was not violated because there was no clear and convincing evidence that the inventor knew of and concealed a better mode than what was disclosed in the patent application.
• United States Steel Corp. v. Phillips Petroleum Co.
  865 F.2d 1247· Fed. Cir.· 1989-01-10 ·cited 12×
  The court held that the defendants failed to prove the patent invalid and that their products infringed the patent claim, affirming the district court's judgment.
• J.P. Stevens Co., Inc. v. LEX TEX Ltd., Inc.
  822 F.2d 1047· Fed. Cir.· 1987-06-19 ·cited 12×
  The court held that the district court did not abuse its discretion in denying attorneys' fees, even though the case was exceptional due to inequitable conduct.
• John Hancock Mut. Life Ins. Co. v. Carolina Power & Light Co. & Irving Tr. Co.
  717 F.2d 664· 2d Cir.· 1983-08-31 ·cited 12×
  The court held that the special redemption of bonds using cash from the maintenance fund was permissible under the contract and did not constitute a breach, nor were grounds for reformation established.
• Kearney & Trecker Corp. v. Cincinnati Milacron Inc.
  562 F.2d 365· 6th Cir.· 1977-09-01 ·cited 12×
  The court affirmed the district court's findings that the Brainard patent was valid and infringed but unenforceable due to fraud on the Patent Office, and that the Morgan patent was invalid. It also affirmed the finding of a Sherman Act Section 2 violation and the award of damage
• United Pac. Ins. Co. v. Nw. Nat. Ins. Co.
  185 F.2d 443· 10th Cir.· 1950-11-13 ·cited 12×
  The court held that the insurance company was bound by the contract as understood by the agent and the insured, even if the policy contained different terms, due to the agent's knowledge and representations.
• The N. Cnty. Co., Inc. v. Bologna
  816 So. 2d 842· Fla. 4th DCA· 2002-05-29 ·cited 11×
  The court reviewed an attorney's fee award imposed as a sanction against a developer for abusing the class action notification and opt-out process.
• A.B. Chance Co. v. RTE Corp.
  854 F.2d 1307· Fed. Cir.· 1988-08-23 ·cited 11×
  The court held that genuine issues of material fact existed regarding whether the invention was "on sale" more than one year before the patent application, precluding summary judgment. The court also held that the district court erred by not determining if inequitable conduct occ
• The Bank OF NEW York Mellon v. Mestre
  159 So. 3d 953· Fla. 5th DCA· 2015-03-13 ·cited 10×
  Bank of New York Mellon appealed a trial court order awarding over $20,000 in attorney's fees to the Mestres, who successfully challenged a mortgage foreclosure by proving their signatures were forged. The appellate court reversed the attorney's fees award, finding no contractual
• Hoegh v. Est. OF Allie Mae Johnson
  985 So. 2d 1185· Fla. 5th DCA· 2008-07-03 ·cited 10×
  Appellant Gloria Hoegh challenged a trial court's award of appellate attorney's fees to the Estate of Allie Mae Johnson following the affirmance of an order finding Hoegh's purported will was a forgery and that she participated in its creation. The appellate court affirmed the tr
• Allegheny Cas. Co. v. Roche Sur., Inc.
  885 So. 2d 1016· Fla. 5th DCA· 2004-11-04 ·cited 10×
  Allegheny Casualty Company appeals a summary judgment in favor of Roche Surety, Inc., requiring Allegheny to release trust funds (build-up funds) held for bail bondsmen. The court reverses and remands, holding that a 1999 statutory amendment regarding bond expiration does not app
• Noack v. Blue Cross & Blue Shield OF Fla., Inc.
  859 So. 2d 608· Fla. 1st DCA· 2003-11-26 ·cited 10×
  The summary judgment was improperly entered as to the fraud in the inducement and reformation claims because material issues of fact exist, but affirmed as to the antitrust claim.
• Braun Inc. v. Dynamics Corp. OF Am.
  975 F.2d 815· Fed. Cir.· 1992-09-08 ·cited 10×
  The court held that Waring infringed Braun's design patent, but reversed the finding of willful infringement and the trebling of profits. Trade dress claims were reversed and remanded.