Category Archives: Inequitable Conduct/Rule 56

Belcher v. Hospira – Inequitable Conduct is Still in Your Invalidity Toolbox

Ever since Therasense made it more difficult to plea and prove inequitable conduct (IC), I feel that practitioners and litigators have pushed this defense to patent infringement out of the front lines of infringement attacks. In fact, I know of … Continue reading

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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

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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

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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

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