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Expert Analysis

A Look At Chemical Supplemental Examination Requests

By Amanda Murphy, Tom Irving and Stacy Lewis (January 25, 2018, 12:59 PM EST) -- An effective litigation tool available that may be available to an accused infringer is the defense of inequitable conduct, which seeks to ensure against fraudulent procurement of patents. Every individual associated with the filing and prosecution of a U.S. application owes to the U.S. Patent and Trademark Office a duty of candor and good faith.[1] A finding that one has breached this duty can render a patent unenforceable against past, present, and future infringers, and might even affect the enforceability of related patents....

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