ABA Section Gives Sens. Inequitable Conduct Advice

Law360, New York (February 19, 2009, 12:00 AM EST) -- The American Bar Association Section of Intellectual Property Law has recommended that Congress not eliminate the inequitable conduct defense in patent lawsuits, but that it make reforms instead to limit its use.

In a letter sent Thursday to Sens. Patrick Leahy, D-Vt., and Arlen Specter, R-Pa. — the chair and ranking member of the Senate Judiciary Committee — the ABA's IP section said that any inequitable conduct defense should be predicated on the principles of common law fraud.

The letter said that courts should only enter...
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