Post-Therasense, Inequitable Conduct Looks Untouchable

Law360, New York (September 13, 2012, 8:34 PM EDT) -- The Federal Circuit's Thursday decision to reverse a finding of inequitable conduct against a patent holder suing the makers of the video game "Rock Band" shows how difficult it will be to prove inequitable conduct under the standard established by the court's Therasense ruling, attorneys said.

The appeals court ruled that a district court judge was wrong to conclude that 1st Media LLC committed inequitable conduct by not disclosing material references to the U.S. Patent and Trademark Office, since there was no evidence that the inventor...
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