Hoffman-La Roche Inc. v. Promega Corp.

Case Number: CLB0006

Date: 03.31.2003

Citation: 66 U.S.P.Q.2d 1385 (Fed. Cir. 2003)

Inequitable conduct was found based upon the presentation of an example in the past tense when the example had never been performed as written. The court found that the misrepresentation was made with an intent to deceive and was material to patentability, despite the failure of the claims to recite the misrepresented subject matter.

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