Leviton Manufacturing Co. v. Universal Security Instruments, Inc.

I respectfully dissent because the majority, in my view, overlooks the compelling facts presented in this case and suggests *1366legal standards contrary to our precedent. Although I am cognizant of this court’s rightful hesitance to allow a finding of inequitable conduct on summary judgment and agree with our precedent establishing that such a finding is reserved for a rare case, I firmly believe that this is that rare case. See M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co., Inc., 439 F.3d 1335, 1339 (Fed.Cir.2006); Digital Control, Inc. v. Charles Mach. Works, 437 F.3d 1309, 1313…