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Expert Analysis

How To Quickly Defeat Meritless Inequitable Conduct Claims

Law360, New York (April 26, 2013, 11:13 AM EDT) -- The Federal Circuit's decision in Therasense, and Congress' establishment of a new supplemental examination procedure, are both designed to combat the "plague" of inequitable conduct allegations.[1] Each will undoubtedly serve to elevate our profession by helping to reduce meritless inequitable conduct claims. Combined, however, they create a formidable strategy to quickly address these allegations. To demonstrate how effective this strategy can be, we recently used a variation as the basis for a successful summary judgment motion of no inequitable conduct. Our adversary did not even try to respond to the motion. They simply withdrew their inequitable conduct allegations, with prejudice....

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