ABA Drums For New Inequitable Conduct Rule

Law360, New York (June 18, 2010, 6:59 PM EDT) -- The American Bar Association has joined the fray as the U.S. Court of Appeals for the Federal Circuit decides whether to tweak or retool the inequitable conduct doctrine, filing an amicus brief advocating a new test for assessing when misconduct rises to the level required to invalidate a patent.

The ABA announced Friday that it submitted the brief as the Federal Circuit prepares its first en banc review of the controversial doctrine in 22 years, urging the court to scrap the balancing test critics contend is...
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