Try our Advanced Search for more refined results

Expert Analysis

Inequitable Conduct: Rethinking 'Egregious Misconduct'

Law360, New York (January 9, 2013, 12:16 PM EST) -- The inequitable conduct doctrine, of which defendants in patent litigation have frequently availed themselves, has undergone considerable change recently. In the same month that it reiterated in 1st Media LLC v. Electronic Arts Inc., 694 F.3d 1367 (Fed. Cir. Sept. 13, 2012) the heightened substantive proof requirements for establishing an inequitable conduct defense, the Federal Circuit in a different panel passed on an opportunity to address the seldom-used "egregious misconduct" standard as a backdoor out of the materiality prong in proving up that defense. See Outside the Box Innovations LLC v. Travel Caddy Inc. 695 F.3d 1285 (Fed. Cir. Sept. 21, 2012)....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!