Full Fed. Circ. Won't Rethink Patent Ax For Dishonesty

Law360 (June 30, 2020, 10:18 PM EDT) -- The full Federal Circuit on Tuesday refused to revisit a decision that Cantor Colburn LLP attorneys' deception at the U.S. Patent and Trademark Office rendered their client's ethanol patents unenforceable, a ruling that has concerned intellectual property ethics experts.

In a nonprecedential order, the full appeals court denied a petition for en banc rehearing filed in April by GS CleanTech Corp., in which it argued that a three-judge panel wrongly deemed the company's patents unenforceable due to inequitable conduct at the USPTO during prosecution, not only by the inventors, but also by their attorneys.

Earlier this month, a group of ethanol...

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