Extract to table

specific intent to deceive must be "the single most reasonable inference" to be drawn from the evidence

The court established two independent elements, both of which must be proven by the party asserting the defense — in this case, Lumicore — by clear and convincing evidence: 1

the withheld reference must be "but-for material" to the issuance of the patent

the accused party must have (a) known of the reference, (b) known that the reference was material, and (c) made a deliberate decision to withhold the reference from the USPTO

("In a case involving nondisclosure of information, clear and convincing evidence must show that the applicant made a deliberate decision to withhold a known material reference

court held that the specific intent to deceive must be "the single most reasonable inference able to be drawn from the evidence