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Expert Analysis

How Direct Purchasers Fit Into Walker Process Landscape

Law360, New York (January 16, 2013, 12:06 PM EST) -- More than 45 years ago, the U.S. Supreme Court held in Walker Process Equipment Inc. v. Food Machinery & Chemical Corp.,[1] that a patent holder who acquires a patent through intentional fraud can be held liable under the antitrust laws. Since that landmark ruling, competitors in patent cases have frequently asserted Walker Process claims, seeking an affirmative recovery for harm caused by patents acquired through fraud and/or inequitable conduct before the U.S. Patent and Trademark Office....

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