Best Mode Violation Requires Intentional Concealment: Federal Circuit | Practical Law
In Ateliers de la Haute-Garonne v. Broetje Automation-USA Inc., the US Court of Appeals for the Federal Circuit held that the district court erred by stating that intentional concealment was not required to establish a best mode violation under the Patent Act. Further, the Federal Circuit held that it was an error to state that a concealment occurred even though the preferred embodiment was disclosed in the patent.