Findings Against Lazare Kaplan’s Conduct Vacated

The United States Court of Appeals overturned a ruling on
Dec. 28 that found New York diamond manufacturer Lazare Kaplan International
guilty of “inequitable conduct” in its patent lawsuit against PhotoScribe and
the Gemological Institute of America, an LKI statement said.

The Court of Appeals also vacated an award of attorney’s
fees against LKI, and reversed the District Court’s ruling of non-infringement
with respect to certain claims and remanded these claims for further
proceedings, the company said.

In 2006, Lazare Kaplan sued
PhotoScribe and the Gemological Institute of America
, charging that
PhotoScribe’s inscription technology infringed on LKI patents. In March 2008,
following a two-week bench trial, the U.S. District Court for the Southern
District of New York ruled
for PhotoScribe
. The court later
found
LKI guilty of inequitable conduct, accusing it of withholding
material prior art during the lawsuit.

Company president Leon Tempelsman said LKI is “gratified by
the Federal Circuit’s decision which fully vindicates and affirms LKI’s
position that the District Court’s findings of inequitable conduct were wholly
without merit. LKI looks forward to the opportunity to proceed in court on its
remanded infringement claims.”

PhotoScribe declined comment.