Golden Hour Data Systems, Inc. v. emsCharts, Inc.

Case Number: CLB0263

Date: 08.09.2010

Citation: 96 U.S.P.Q.2d 1065(Fed. Cir. 2010)

Information that directly contradicts an applicant’s statements, even if not prior art, is most likely material and should not be excluded from submission to the Examiner for consideration. For a finding of intent, a court must provide detailed factual findings with respect to crucial facts. Joint infringement can only be found if there is sufficient evidence for a finding or inference of “control” or “direction.”

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