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The Latest Fed. Circ. Approach To 'Inference Of Intent'

Law360, New York (January 11, 2018, 12:46 PM EST) -- Whether an inference of wrongful intent can properly be drawn is a key issue in most inequitable conduct cases. The Federal Circuit’s en banc majority in Therasense recognized that a district court “may infer” a specific intent to deceive the U.S. Patent and Trademark Office from indirect and circumstantial evidence in a nondisclosure case and observed that such an inference is a factual finding subject to review for clear error.[1] The threshold requirements for such a finding are (1) knowledge of the withheld information; (2) knowledge...
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