Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

Law360 (May 18, 2021, 5:48 PM EDT) -- Prior to 2011, inequitable conduct, a defense to a patent infringement claim, was considered and analyzed as a lesser charge than Walker Process fraud — an antitrust claim alleging unlawful monopolization through the enforcement of a patent obtained by fraud on the U.S. Patent and Trademark Office, derived from the 1965 U.S. Supreme Court decision Walker Process Equipment Inc. v. Food Machinery & Chemical Corp.[1]

That distinction began to change, in practice, in 2011, when the U.S. Court of Appeals for the Federal Circuit responded to an "absolute plague" of "charging inequitable conduct in almost every major patent case" by issuing...

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