This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Intellectual Property

May 1, 2024

Appeals Court decision makes it easier to preclude enforcement of patent rights

The Federal Circuit Court of Appeal has issued a significant ruling in Luv n’ Care, Ltd. v. Laurain, which clarifies that individual acts that do not establish the intent element of inequitable conduct can collectively be used to establish the requisite intent.

Dariush Adli

President, ADLI Law Group

444 S Flower St
Los Angeles , CA 90071

Email: adli@adlilaw.com

Univ of Michigan Law Sch; Ann Arbor MI

Shutterstock

The Federal Circuit Court of Appeals has just issued a significant ruling in Luv n' Care, Ltd. v. Laurain (Fed. Cir., Apr. 12, 2024, No. 2022-1905) 2024 WL 1590593, at *8-9 (LUV) dealing with the standard for proving the intent element of inequitable conduct, which is a defense to enforcement of patent rights. The question before the appeal panel was whether individual acts, which by themselves do not rise to the level of establishing the ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails