Intellectual Property
Oct. 11, 2013
The dramatic decline of the inequitable conduct defense
The defense has evolved into a costly defense with a low chance of success invoked primarily in cases with an egregious set of facts. By Gregory S. Bishop and Andy H. Chan
From the inception of the Federal Circuit until 2008, the rate at which defendants alleged inequitable conduct in patent matters increased dramatically. This trend led to a growing concern that the inequitable conduct allegations had become a plague in patent cases.
While academic studies have shown that perhaps such concerns were exaggerated, it is estimated that at its peak in 2008, inequitable conduct was assert...
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