Kingsdown Medical Consultants, Ltd. v. Hollister, Inc.

 
APPEAL NO.
88-1265
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Markey

Question(s) Presented

“Whether the district court’s finding of intent to deceive was clearly erroneous, rendering its determination that inequitable conduct occurred an abuse of discretion.”

Holding

Yes. “[I]t was clearly erroneous to base a finding of intent to deceive on [preparing and filing a continuation application] alone.”