Intellect Wireless, Inc. v. HTC Corp., No. 09 C 2945, Slip Op. (N.D. Ill. Sep. 6, 2012) (Hart, Sen. J.).
Judge Hart entered findings of fact and conclusions of law after a patent bench trial related to cell phones with caller ID, text messaging, pictures or video. The Court dismissed with prejudice plaintiff Intellect Wireless’s patents because they were unenforceable due to inequitable conduct. Of particular interest, the Court held the following:
- Several declarations submitted to the PTO during prosecution of the patents in suit contained false statements regarding inventions, reduction to practice and diligence.
- The declarations were necessary to procure the patents in suit.
- None of the false statements were withdrawn, corrected or identified to the patent examiner.
- The clear and convincing evidence “strongly support[ed]” that the false statements were made with an intent to deceive, not just by mistake.