ESpeed, Inc. v. BrokerTec USA, LLC

Case Number: CLB0152

Date: 03.20.2007

Citation: 480 F.3d 1129 (Fed. Cir. 2007)

An applicant engages in inequitable conduct when he makes a false material statement with the intent to deceive. Under the reasonable examiner standard, information is material when a reasonable examiner would consider it important in deciding whether to allow the application to issue as a patent. Intent to deceive may be construed from the affirmative act of submitting an affidavit containing false statements because there is an implied intent for the affidavit to be relied upon by the examiner.

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