Analysis

Patent Prosecutors Alarmed By Inequitable Conduct Ruling

Law360, New York (August 2, 2017, 10:27 PM EDT) -- A Federal Circuit decision finding a Regeneron Pharmaceuticals Inc. patent unenforceable due to inequitable conduct based partly on the behavior of litigators in an infringement case has alarmed attorneys who seek patents, who said it is unfair to tarnish the reputation of patent prosecutors using the actions of others.

Inequitable conduct is found when a patent applicant breaches its duty of candor to the U.S. Patent and Trademark Office during the application process, and it has been called the "atomic bomb" of patent law because it renders the patent entirely unenforceable. The Federal Circuit on July 27 upheld a lower court...

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