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Systems Application of Advanced Technology (SAAT) makes radiation-detecting thermometers that allegedly infringe on Exergen's patents. The thermometer detects radiation from skin near the temple on a person's forehead and converts the reading to the patient's oral temperature.
The case proceeded to trial, and the jury awarded Exergen $2.5 million in lost profits, finding that SAAT had directly violated two patents and induced infringement of a third patent. The jury also rejected SAAT's defense that the patents weren't valid.
However, as the case was appealed, both the circuit court and the district court agreed that SAAT's argument, known as inequitable conduct, requires it to identify the who, what, where and how of the alleged misrepresentation or omission. In this regard, SAAT's pleading fell short, Judge Linn concluded.
The court reversed the final judgment for Exergen on validity and infringement, and dismissed SAAT's inequitable conduct claim.
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