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Sensormatic Electronics, LLC v. Von Kahle

Citation: 367 F. App'x 143Docket: No. 2009-1193

Court: Court of Appeals for the Federal Circuit; February 16, 2010; Federal Appellate Court

Narrative Opinion Summary

The judgment in this case is affirmed. The claim of inequitable conduct is rejected, with the court agreeing that the inventors did not intend to deceive the Patent and Trademark Office. The court does not determine whether the undisclosed information was material. Regarding the public use issue, the court supports the district court's finding that the appellant, Phenix, did not provide clear and convincing evidence that the invention was in public use more than one year prior to the patent filing date. The court does not consider whether any alleged use of the invention prior to the filing date qualifies as an experimental use exception to the public use doctrine.

Legal Issues Addressed

Experimental Use Exception to Public Use

Application: The court did not address whether any alleged prior use qualified as an experimental use, which would be an exception to the public use doctrine.

Reasoning: The court does not consider whether any alleged use of the invention prior to the filing date qualifies as an experimental use exception to the public use doctrine.

Inequitable Conduct in Patent Law

Application: The court found that the inventors did not engage in inequitable conduct because there was no intent to deceive the Patent and Trademark Office.

Reasoning: The claim of inequitable conduct is rejected, with the court agreeing that the inventors did not intend to deceive the Patent and Trademark Office.

Materiality of Undisclosed Information

Application: The court did not make a determination on whether the information that was not disclosed was material to the patent application process.

Reasoning: The court does not determine whether the undisclosed information was material.

Public Use Bar under Patent Law

Application: The court upheld the district court's finding that the appellant failed to demonstrate that the invention was in public use more than one year prior to the patent filing date.

Reasoning: Regarding the public use issue, the court supports the district court's finding that the appellant, Phenix, did not provide clear and convincing evidence that the invention was in public use more than one year prior to the patent filing date.