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Nobelpharma AB v. Implant Innovations, Inc.

United States Court of Appeals for the Federal Circuit

141 F.3d 1059 (1998)

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Dr. Branemark patented a titanium dental implant design featuring micropits, without disclosing his own earlier published book that showed the same design and could have led the patent office to deny the application; he licensed the patent to Nobelpharma (plaintiff), which sued Implant Innovations (defendant) for infringement. A jury found the patent invalid for failing to disclose the best manufacturing method, and on Implant Innovations' antitrust counterclaim, found Nobelpharma had pursued the infringement suit knowing the patent was invalid specifically to eliminate competition, awarding $3.3 million; Nobelpharma appealed.

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Whether a patent holder may be liable for antitrust violations for threatening or trying to enforce a fraudulently obtained or known-invalid patent.

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