It wasn’t for lack of trying, but nine years after first filing a patent infringement suit against Honda Motor Co., attorneys at Baker Botts have once again failed to shake a ruling that their client duped the U.S. Patent and Trademark Office in order to obtain its patents.
In a 2-1 decision, the U.S. Court of Appeals for the Federal Circuit refused on Friday to overturn a ruling that American Calcar Inc. intentionally failed to disclose information that would have led the PTO to deny American Calcar’s patents. The decision, which affirms a finding that the patents are invalid because of inequitable conduct, was issued more than a year after the court heard oral arguments in the case.
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