Is Inequitable Conduct Still A Viable Defense?

Law360, New York (November 22, 2011, 12:33 PM EST) -- In 2011, the standard and procedures for disclosing prior art to the U.S. Patent and Trademark Office underwent a major transformation due to changes in both legal precedent and legislation. First, on May 25, 2011, the Court of Appeals for the Federal Circuit revised the standard for inequitable conduct in its en banc decision Therasense, Inc. v. Becton, Dickinson and Co.[1]

Then, on Sept. 16, 2011, President Barack Obama signed the Leahy-Smith America Invents Act (“AIA”), including a “supplemental examination” provision that allows disclosure of material...
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