First Circuit: United Food & Comm. Workers v. Novartis Pharm.

Claiming that a potentially obvious invention was in fact surprising is not a basis for invalidating the subsequent patent or holding the filing to be fraudulent -- there is no indication that the use of the word caused the patent to be awarded.  Subsequent attempt to enforce the patent rights therefore not a sham.

http://media.ca1.uscourts.gov/pdf.opinions/17-1714P-01A.pdf