(It's been a few years since I did patent work; a quick search in scholar.google.com didn't reveal any case law on point.)
And in a close case, in jurors' minds, evidence of a best-mode failure might help tip the balance against validity on other grounds.
(It's been a few years since I did patent work; a quick search in scholar.google.com didn't reveal any case law on point.)
And in a close case, in jurors' minds, evidence of a best-mode failure might help tip the balance against validity on other grounds.