IP Pros Urge High Court To Hear Inequitable Conduct Case

Law360 (July 11, 2018, 10:08 PM EDT) -- Several intellectual property attorneys and associations have urged the U.S. Supreme Court to review a case where a patent was rendered unenforceable over inequitable conduct during infringement litigation, warning the ruling against Regeneron Pharmaceuticals Inc. would undermine the patent system.

The amici argued that courts can’t penalize patent owners and patent prosecutors over the conduct of litigators during post-grant proceedings. Additionally, they say the ruling undermines due process, as Regeneron never got to defend itself against the New York district court's conclusion that the company intended to deceive the U.S. Patent and Trademark Office.

“The Regeneron outcome is profoundly troubling,” the National...

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