Inferring Intent In Inequitable Conduct Cases

Law360, New York (July 17, 2009, 11:39 AM EDT) -- Columbus sailed the Atlantic and after many months at sea, at a time when his crew was near starvation and mutiny, from the crow’s nest a crewman yelled, “Land Ho!” It had been a long uncharted journey, but at last, land!

We may feel the same way about inequitable conduct. For years, the decisions out of the Federal Circuit with respect to the intent prong of inequitable conduct have been an uncharted journey. The decisions have been, to say the least, inconsistent.

The level of proof...
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