Fed. Circ. Inequitable Conduct Case Alarms IP Ethics Attys

By Ryan Davis (March 11, 2020, 9:44 PM EDT) -- A Federal Circuit decision that Cantor Colburn LLP attorneys and their client intentionally deceived the U.S. Patent and Trademark Office has concerned experts in the ethics of intellectual property law, who say it creates risks for attorneys and was improperly based on hindsight.

The appeals court's March 2 decision held that several GS CleanTech Corp. patents related to ethanol are unenforceable due to inequitable conduct at the USPTO during prosecution, not only by the inventors, but also by their attorneys.

The ruling upheld a district judge's finding that the patent office didn't receive information showing that the patent applications should have...

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