Exergen Thermometer Patents Stand Inequitable Conduct Claim

August 8, 2015 – The Court granted Plaintiff Exergen Corporation’s motion for summary judgment that its U.S. Patent Nos. 6,292,685 and 7,787,938, related to an infrared thermometer, are not unenforceable due to inequitable conduct during their prosecution.  Defendant Kaz USA, Inc. argued that Exergen intentionally withheld material art references during the prosecution of the patents before the USPTO.  The Court, however, found Kaz did not adduce competent evidence to establish the intent element of inequitable conduct because “[a] court can no[t] infer intent to deceive from non-disclosure of a reference solely because that reference was known and material.”

The case is captioned Exergen Corp. v. Kaz USA, Inc., 13-CV-10628, in the District of Massachusetts.

By:  Christopher J. Stankus

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