Continental Circuits LLC v. Intel Corporation, Ibiden U.S.A. Corporation, Ibiden Company Limited
Description of a preferred embodiment does not limit the scope of the claims.
Description of a preferred embodiment does not limit the scope of the claims.
Best mode requirement does not actually require a disclosure of the best mode, but rather requires sufficient disclosure to enable one of skill in the art to practice the best mode without undue experimentation.
The Federal Circuit affirms an inequitable conduct holding based in part on a finding that an undisclosed reference was not cumulative of a cited foreign reference because of the inadequacy of the translation of the foreign reference submitted to the Office.
In this non-precedential case, the Federal Circuit invalidates a claim for failure to disclose a best mode. However, the Federal Circuit does not find inequitable conduct for failure to disclose a prior art reference, finding it to be potentially cumulative, and declines to make the case exceptional.
Declaratory judgment counterclaims allow adjudication of invalidity and unenforceability counterclaims after noninfringement decision