High Court Pass Won't Be Last Word On Inequitable Conduct

Law360, New York (October 15, 2013, 7:54 PM EDT) -- The U.S. Supreme Court's Tuesday decision to not review the bar for proving inequitable conduct in patent cases leaves in place a controversial test set by the Federal Circuit, but attorneys say future high court challenges to the strict standard might be more successful.

The justices declined Sony Computer Entertainment America LLC's appeal asking the court to loosen the test for proving inequitable conduct set by the Federal Circuit's 2011 Therasense decision, which the company said made the defense to infringement claims "virtually impossible" to use....
To view the full article, register now.