Reprinted with the permission of Intellectual Property Today
Commonly called the "atomic bomb" of patent law, a finding of inequitable conduct, even with respect to a single claim, renders the entire patent unenforceable and can jeopardize the whole patent portfolio. Not surprising, accused infringers assert inequitable conduct in "almost every major patent case," which has led frustrated federal courts to affectionately refer to inequitable conduct as "an absolute plague." ...more >