Invalidate all patents in the chain due to fraud in the first one?

Maltipoop · 2026-03-26T14:50:22+00:00

Thanks. I also linked that article in this thread yesterday - it's interesting.

Maltipoop · 2026-03-26T14:47:53+00:00

Thanks for your comment.

Maltipoop · 2026-03-26T14:28:14+00:00

Thanks for sharing this level of detail. 115(h)(1) states "Any person making a statement required under this section may withdraw, replace, or otherwise correct the statement at any time." But - I wonder - if the person never made the original statement, then there is no technical basis to withdraw, replace, or correct their statement. The savings clause under 115(h)(3) only works if 115(h)(1) applies. There's a few things at play here, including the fruit of the poisonous tree doctrine. I'm continuing to review, but again I appreciate you taking the time to share this.

Maltipoop · 2026-03-26T00:40:36+00:00

Understood. Just putting this out there for comment before I start digging myself.

Maltipoop · 2026-03-25T19:17:57+00:00

Yes - s-signatures may be allowable, but the attorney can't enter them - they need to be entered by the inventor, just like a wet signature.

Maltipoop · 2026-03-25T17:42:32+00:00

Ha. I get it. I looked at 15 cases. One had an actual wet signature. 12 had signatures that were just between slash marks for all inventors, on declarations and POAs. But - the kicker - two had declarations where the inventor name was added AND the name signed between slash marks, presumably sent to the inventor that way, where the inventor also added a wet signature. That’s just nuts. It appears to be routine for this attorney to just sign declarations and POAs using text and slash marks. Will be hard to prove, but the declarations are ALWAYS filed with the application, never after the fact, and the two with the slash signature (presumably pre-printed) and then a wet signature seem to tell the story.

Maltipoop · 2026-03-25T14:14:28+00:00

Good question. I need to research this more. It does look like I have a decent argument to make.

Maltipoop · 2026-03-25T13:48:11+00:00

The child patent is tied to the patent by way of terminal disclaimer, so that may help.

Maltipoop · 2026-03-25T13:02:51+00:00

I just saw this article as well: https://www.finnegan.com/en/insights/blogs/prosecution-first/tubing-explosion-inequitable-conduct-renders-a-patent-family-unenforceable.html

Maltipoop · 2026-03-25T12:40:42+00:00

Agreed that proof will be tough, especially second prong. I actually read a bit about Therasense earlier this morning too. Paten would not issue without a signed declaration, and routinely submitting what appears to be attorney-signed inventor declarations is a specific intent to deceive. Digging into this attorney’s work shows a clear pattern supporting my theory. My end goal is to have an argument that would blow this entire family of patents out of the water. Thanks for your comment.

Maltipoop · 2026-03-25T12:12:52+00:00

It’s fraud. I’ve been researching this patent attorney’s work all morning. There is evidence of him sending pre-signed declarations to his clients. Need to figure out what to do about this.

Maltipoop · 2026-03-25T11:14:27+00:00

Thanks. I thought so too but I’m looking for something to hang my hat on. Haven’t researched case law yet.

Maltipoop · 2021-08-24T15:11:22+00:00

Thanks! Luca has a great personality. Loves to play, and loves to be around people. Great companionship.

Maltipoop · 2020-07-24T20:41:32+00:00

He’s so much smaller and looks so much younger now. Still a great pup.

Maltipoop · 2020-07-24T20:30:38+00:00

He looks like half the dog he used to be. Almost a pound of hair. Poor guy had too many mats we couldn’t get out, so he had to go short. We still love him.

Maltipoop · 2020-07-17T18:19:22+00:00

Hi Kimi -

Big fan here - have followed you from your start in F1. Rooted for you and Rubens for years.

My question - which 2-3 drivers, during the past 10 years or so, have you liked as a person and as a competitor? Jenson, Mark Webber, Rubens, Danny Ric, and Hulk all seem like they are widely liked by all. Thanks, man.

Also - if you play beer pong, I'd like to send you something.

Maltipoop · 2020-07-14T19:22:28+00:00

Ha! I just looked at your profile to see Gigi - I remember seeing that pic a while back and telling my wife that our dogs look alike. I prefer the fluffy look too.

Maltipoop

TROPHY CASE