From what I can find, the inequitable conduct defense is typically used when "known" prior art is not revealed during the patent prosecution. Wasn't that what happened in the Forgent case?
Since Shaw and Hamilton apparently made comments about the 336 not working or abandoning the 336, that were NOT mentioned to the USPTO, can these comments be construed as "misrepresenting" to the USPTO and constitute fraud rendering the patents invalid?
Or are these comments mearly "opinions" of paid employees that can be easily explained AWAY?
Would appreciate hearing from any patent attorney's that may be lurking or any of the more knowledgeable on this board.
GLTA
d2006s