Fraud on the PTO Does Not Necessarily Make the Patent Unenforceable

Kemin Foods, L.C. v. Pigmentos Vegetales del Centro SA [05-1479, -1480] (Fed. Cir. 2006) [BRYSON, Newman, Mayer] The Federal Circuit affirmed the jury verdict that the patents in suit were not invalid, and were enforceable, affirmed non-infringement as to some claims, and remanded the infringement issue as to one claim.
SIGNIFICANCE: Even when a court finds that the patentee failed to disclose material information to the PTO and acted with deceptive intent, the court retains discretion to decide whether the patentee’s conduct is sufficiently culpable to render the patent unenforceable.