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 divided en banc Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.
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.
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Darren Donnelly And Betsy WhiteThis premium content is locked for The Intellectual Property Strategist subscribers only
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