Exergen V. Wal-Mart And Inequitable Conduct

Law360, New York (September 1, 2009, 12:11 PM EDT) -- Inequitable conduct is an important and high-profile issue, one garnering attention from heavyweight organizations like the Intellectual Property Owners’ Association and the American Bar Association.

Various patent reform legislation proposed over the past several years would have changed how the defense would be litigated — and may yet do so.

The Federal Circuit has also recently emphasized that any inference supporting inequitable conduct must be the single most reasonable inference and, conversely, that courts may not ignore equally reasonable inferences contrary to inequitable conduct.

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