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OPTIUM CORP. v. EMCORE CORP.

No. 2009-1265.

603 F.3d 1313 (2010)

OPTIUM CORPORATION, Plaintiff-Appellant, v. EMCORE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 5, 2010.

Attorney(s) appearing for the Case

Douglas J. Kline, Goodwin Procter LLP, of Boston, MA, argued for plaintiff-appellant. With him on the brief were Don M. Kennedy, of Boston, MA, and Charles Wizenfeld, of New York, NY.

Gregory A. Castanias, Jones Day, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert C. Kahrl and Sheryl H. Love, of Cleveland, OH.

Opinion for the court filed by Circuit Judge NEWMAN. Concurring in the result opinion filed by Circuit Judge PROST.

NEWMAN, Circuit Judge.

Optium Corporation appeals the summary judgment of the United States District Court for the Western District of Pennsylvania, holding that Emcore Corporation did not commit inequitable conduct in obtaining the patents in suit. The district court had accepted the premise, for summary judgment purposes, that Emcore did not disclose a material reference to the patent examiner. The court ruled that because Optium had not presented evidence upon...

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