Reining in the Inequitable Conduct Defense

Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.

25 minute readJune 29, 2011 at 12:13 PM
By
Darren Donnelly
Betsy White
Reining in the Inequitable Conduct Defense

Responding to views from the U.S. Patent and Trademark Office (“PTO”) and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divideden banc Federal Circuit decision

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