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Merck Patent Case Supports Use Of 'Unclean Hands' Defense

Law360 (July 6, 2018, 1:04 PM EDT) -- The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck & Co. from enforcing two patents against Gilead Sciences Inc.[1] This article describes the Gilead court’s reliance on the U.S. Supreme Court’s flexible framework for analyzing patent-related misconduct and its connection to the patent’s enforcement under the unclean hands defense; and compares that framework to the defense of inequitable conduct used by the Federal Circuit to analyze misconduct in the patenting process. The article then explains why the unclean...
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