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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
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 ...