Inequitable Conduct Rulings Leave Murky Mess

Law360, New York (June 26, 2008, 12:00 AM EDT) -- The Federal Circuit has taken a closer look at the inequitable conduct doctrine in a series of patent disputes this year, but the court’s attempts at clarification are causing greater uncertainty among prosecutors and continuing to give litigators a reason to raise the claim.

The doctrine allows a court to render a patent unenforceable if it finds that the patent applicant and the attorney intentionally tried to deceive the patent office.

Intellectual property experts say the Federal Circuit’s heightened focus on the doctrine keeps expanding what...
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