Category Archives: Inequitable Conduct/Rule 56

Upcoming AUTM Webinar Examines Avoiding the Trap of Inequitable Conduct

On March 4, an AUTM webinar will discuss, “Inequitable Conduct: How to Protect Your Patents from this Unenforceability Trap”. This presentation will take place from 12 p.m. to 1:30 p.m. Eastern time this Thursday. Panelists will include David Hricik of … Continue reading

Posted in Inequitable Conduct/Rule 56, Webinar | Tagged , | Leave a comment

G S Cleantech Petitions Fed. Cir. for Rehearing En Banc

Before you read this post, please read or re-read my post of March 9, 2020, that summarized the panel decision in some detail. The case involves the district court’s finding of inequitable conduct by both CleanTech and their attorneys via … Continue reading

Posted in 102 Patentability, Federal Circuit, Inequitable Conduct/Rule 56, s.102 | Tagged , , | Leave a comment

IPO Chat Channel: Inequitable Conduct – A Refresher & Update – April 23rd

Have findings of inequitable conduct due to egregious misconduct become more common post-Therasense or can a simple failure to disclose material prior art still lead to a finding of inequitable conduct? What are the possible consequences to both litigators and … Continue reading

Posted in Inequitable Conduct/Rule 56, Prior Art, Uncategorized | Tagged , , | Leave a comment

Finjan, Inc. v ESET, LLC: Can Billing Records Evidence Intent Element of Inequitable Conduct?

In an odd Order relating to a discovery request made by ESET for the billing records of plaintiff’s patent attorney, Bey, the Magistrate Judge in Case No. 17CV183 CAB (BGS)(S. D. Cal., June 25, 2018) ordered discovery of “non-privileged” billing … Continue reading

Posted in Inequitable Conduct/Rule 56 | 1 Comment