Feit Elec. Co. v. CFL Techs., LLC, No. 13 C 9339, Slip Op. (N.D. Ill. Sep. 7, 2021) (Gettleman, J.).

Judge Coleman denied declaratory judgment plaintiff Feit’s motion to certify an interlocutory appeal regarding the Court’s denial of Feit’s and granting of declaratory judgment plaintiff CFL’s cross-motion for summary judgment regarding Feit’s inequitable conduct defense in this patent dispute involving compact fluorescent lamps.

Earlier in the year, the Court rejected Feit’s argument that the patent’s inventor — the infamous Ole K. Nilssen — committed inequitable conduct by:

• claiming small entity status;
• not disclosing another litigation to the Patent Office;
• falsely claiming an earlier priority date; and
• failing to disclose certain alleged prior art to the Patent Office because Feit did not develop its argument.

Feit’s argument was essentially that the Court misapplied the Supreme Court’s Therasense but for analysis based upon the facts before the Court. The Court’s application of Therasense, however, was not a question of law. And even if the Court had misapplied the law, it would not change the result of the Court’s decision because Feit failed to prove the second element of the analysis — the inventor’s specific intent to deceive.